Apple Valley Divorce attorneys will explain to you that a putative spouse is generally defined by the law to mean a person who has cohabitated with another for a period of time with the understanding that they are married when they actually are not. I know, in this day in age, it would be a hard sell by any lawyer to a judge.
However, many states have laws on the books that provide for marital rights for a putative spouse. Here is the reason why: some people believe they are married because that is what their spouse has told them. Perhaps a sham marital ceremony even took place. One person commits a fraud upon the other and the duped person thinks they are married. It happens.
This situation often comes up with men who have a mistress. Sometimes the men will even live with that person for a very long time. Don’t ask me how this happens, it just does.
However, you should be aware the law on putative spouses is different in every state. In fact, one state may have a law that specifically discusses putative spouses while another state may not. This is solely up to the lawmakers in your particular state.
For a state that does have a putative spouse law, it will typically state that when person who has cohabitated with another, believing they are married, that person has the same legal rights as a married person. For instance, that person may be entitled to spousal maintenance following the termination of the relationship.
Often the mistaken person remains a putative spouse until the knowledge that they are not legally married is brought to their attention. However, the person should be aware that even if he or she qualifies as a putative spouse, that person has inferior rights to the legitimate spouse. What does that mean? It means the person who wrongfully believes they are married has inferior legal rights to the real spouse no matter what. You can imagine the legal nightmare that this can cause. The one hope for the putative spouse in this situation is that a judge has the power to decide how to divide marital debts and assets in an equitable fashion. I say good luck to the judge deciding that case.
For further information on putative spouses or other family law question, please contact Joseph M. Flanders at flanderslawfirm.com.
