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Two people in a marriage or domestic partnership are automatically presumed to be the parents of any child born inside their relationship. When the birth mom is single, the only presumption is that she is the mother. The mother is automatically given full custody of the child. Unlike married couples, there is no presumed father of a child born to an unmarried mother. Until paternity is established , a single mom cannot ask the court to order child support until proving paternity nor can a father petition for child custody . ...
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McKinley Irvin
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Married couples aren’t the only ones entitled to legal rights after a breakup, at least not in Washington state. Although Washington law doesn’t recognize common law marriage, it does protect the rights of certain unmarried couples through the doctrine of “Committed Intimate Relationship.” Although these relationships aren’t legally recognized, couples involved in intimate relationships can seek recourse in court for property and liability distribution. If you were involved in a committed, long-term relationship and you and ...
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McKinley Irvin
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Ending a relationship is always challenging, especially when you and your significant other share children together. Unfortunately, figuring out how to divide parenting time isn’t nearly as easy as it is to determine who gets to keep the silverware or the furniture. You need to consider each parent's parental rights, their relationship with your child, and several other factors. If you are trying to figure out what will happen to your child custody arrangement after a break-up, make sure you know which factors the court ...
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McKinley Irvin
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Unmarried couples have different rights than married couples. But, if you're living together as an unmarried couple and your relationship is ending, there are steps you can take to protect yourself. If you want to end an unmarried relationship: If you are living with someone in an unmarried relationship and are thinking about ending the relationship, do you know your rights? If you would describe your relationship as marital-like, if you commingled finances, or if you have children together, it is advisable to consult with a ...
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McKinley Irvin
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In place of common law marriage, Washington recognizes committed intimate relationships (also known as meretricious relationships). These are relationships that mimic a marriage and give you legal rights without being married. If you and your partner have been together intimately for several years, have lived in the same residence during that time, and possibly have children together, an estate plan, or joint purchases, bank accounts or debt, then you have a good argument that you meet the requirements of a committed ...
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McKinley Irvin
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In the United States, cohabitating partners (couples who live together) have many of the same property rights as they would if they were legally married. However, most of these laws apply to couples who are breaking up. If a partner dies, these property rights may not transfer to the surviving partner unless the other partner had an estate plan or the couple filed for a State Registered Domestic Partnership (SRDP). Factors to Consider If you lost a partner and were unmarried, you probably have concerns about his / her estate ...
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McKinley Irvin
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What Happens to Child Support and Spousal Maintenance if You Cohabitate During or After Divorce? Couples going through a divorce are often unclear as to what legal effect, if any, moving in with a new partner will have on their legal rights. Most commonly, there is a concern that co-habitation (living with a new boyfriend or girlfriend in a ‘marriage-like’ arrangement) might affect a spousal maintenance award or the amount of child support that is to be paid or received. The following provides general information for ...
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McKinley Irvin
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It should go without saying that a person must be legally married in order to obtain a divorce. If you are facing the prospect of separating from your spouse, but are unsure of the legal status of your marriage, you must determine whether your marriage was properly registered according the law of the state or country in which your marriage ceremony was performed. Review County Records In Washington State If you were married in the State of Washington, your marriage certificate must have been recorded with the ...
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McKinley Irvin
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