Putative Spouse

Putative spouse doctrine applies when one or both parties in a marriage is unaware that their marriage is not legally valid, due to a technicality such as an existing marriage. When the pursuit of marital dissolution or separation reveals the invalidity of the union, putative marriage laws apply. The putative spouse may seek property rights, child custody, and other applicable protections granted in divorce proceedings, as long as a good faith belief in the marriage existed. These rights do not apply if there was previous knowledge that the marriage is not legally recognized.

Sometimes the legal status of a marriage is overlooked due to an honest mistake. However, putative marriages often involve deception on the behalf of one partner. When seeking divorce or separation, the discovery that a marriage was never legally validated raises alarming concerns. Your partner may claim that you are not entitled to any assets or settlements. This is not the case. With the assistance of an experienced attorney, you can obtain what you rightfully deserve.

For representation in putative marriage proceedings, contact the Law Office of Joseph M. Kar, PC. Your right to the protections and support afforded to divorced couples will be defended successfully.