When one spouse decides to end a marriage, there tend to be more questions than answers when it comes to financial issues. Property division is oversimplified into the marital residence and the spouse’s personal belongings. In many cases, the division is not worked out, and one spouse may walk away with what they brought into the marriage, while the other spouse walks away with everything the couple owns. A spouse may have prepared their financial documents after marriage, while another is starting from scratch.
When two people who have lived together for a long period of time decide to end their relationship, it’s common for one of them to file a petition for a “common law” marriage. A petition for a common law marriage “simply” states the parties have been living together (in a committed relationship) for a certain period of time, are not legally married, and are classified as “common law” spouses. Instead, the judge will hear testimony and then issue a ruling. If you do not address all the court procedures ahead of time, a judge may not let you speak in court.
Step by step, this is your opportunity to prepare for what to expect at a common law court. So, let’s learn more.
Before you file your case
Filing a common law court case is a complicated process. You have to gather evidence, write your complaint, and then file your case in the common court (which is similar to a circuit court). In many cases where desertion or adultery is involved, the legal counsel or the party themselves will hire a Bond Rees PI or a similar investigator to track down a particular person of interest or gather evidence for your case. As for the collecting and preparing documents part, your lawyer should be able to help you with that. Remember, before you officially file your case, you must take care of items such as following proper court procedures and preparing your evidence.
Filing papers
Common law courts don’t follow the same rules as regular courts. When you file papers in a Common law court, you should be prepared to provide as much information as possible about the issues you are filing for. For example, if you are filing papers for a divorce, you will likely want to include the ‘grounds’ for divorce, such as adultery, cruelty, desertion, etc. This can help to make the process more straightforward for you in the long run.
Fee waivers
Fee waivers or defenses in court are means used by litigants to raise frivolous arguments, and it may be considered a delaying tactic. A fee waiver defense, also known as a frivolous litigation defense, is a method for a defendant to seek a stay of proceedings or dismissal of an action at common law. This happens when the plaintiff has failed to comply with a procedural requirement such as posting a notice in a local newspaper.
Service of process
Service of process is the method used to notify someone (or all parties) of a court action or lawsuit filed against them. This process serves to give the person receiving the notice (aka the defendant) adequate time to prepare a defense, file a response, or appear in court.
Going to court
When you go to court, you must appear before the judge and present your case. The judge decides whether or not you are guilty of a violation, and they decide the penalty. You can do some things before, during, and after court to help you feel more comfortable.
Court interpreters
Court interpreters in court for a common law court are a specialized type of court interpreter. They are used in situations where the court hearing a case is not fluent in the language of both the litigants and the interpreter (the language of the courtroom and the language of the court). They help to ensure that everyone who is present understands the process.
Everyone should know the importance of preparing for court. This becomes necessary because once a case goes to court, it becomes important to know how to prepare yourself. So, do your research, hire a lawyer, and last but not least remain calm. This will help you to win your case.