Monday, August 12, 2013

How to File for Palimony

When common law marriages and other long-term relationships end, it is sometimes necessary to divide shared property and assets. If the relationship meets certain jurisdictional requirements, the couple will have the same rights a married couple has during a divorce. This can include the right to request palimony, or support for a partner. Palimony is the equivilant of alimony for a common law marriage or long-term relationship. Filing for palimony requires contacting an attorney.

Instructions

    1

    Determine if your relationship meets the necessary requirements to file for palimony. If you and your partner have been living together for more than 10 years and living in a marriage-type setting, most states will recognize your right for palimony. If there has been a promise between the partners of lifetime support, you will be eligible for palimony in most states. The promise can be implied, oral or written.

    2

    Contact a divorce attorney who is knowledgable about palimony. The attorney will assist you with determining whether your relationship meets the requirements prior to filing for palimony. Palimony laws differ between states. A knowledgable attorney can inform you of the specific laws for your state. While there are not any specific guidelines to filing a palimony lawsuit, an attorney can assist you in gathering evidence and forming a proper complaint.

    3

    Provide evidence of any promise of financial support between partners. This can be a written or oral contract, which will be easier to provide to the court. If the agreement is implied, be prepared to provide the court with details of your relationship and its financial implications.

    4

    Provide evidence that you and your partner have been living together for the required length of time. Acceptable evidence can include a lease agreement, shared utility bill or mortgage documents.

    5

    Describe the ways in which your relationship was similar to a marriage-type relationship.

    6

    File your complaint with the civil court of the county that you reside in. The court will review your complaint and schedule a hearing to determine whether your request for palimony will be granted.



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1 comments:

  1. I am so glad that I came across this article! You mentioned that you can file for palimony if you and your partner have been living together in a marriage-like setting for more than 10 years. My sister has been thinking about filing for this for a while now so I'll be sure to pass this information on to her. Hopefully, she will be able to get the compensation that she needs, thanks! http://palimony90210.com/practice-areas/#gaylesbianissues

    ReplyDelete