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What Are the Financial and Legal Benefits of Being First to File For Divorce?

TakeItFromMe19

September 30, 2021
17 upvotes
/r/MensRights
https://divorceandbreakup.com/benefits-of-being-first-to-file-for-divorce/
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Post Information
Title What Are the Financial and Legal Benefits of Being First to File For Divorce?
Author

TakeItFromMe19

Upvotes 17
Comments 8
Date September 30, 2021 2:39 PM UTC
(4 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/pyl5dq/what_are_the_financial_and_legal_benefits_of/
Archive Link https://theredarchive.com/r/MensRights/what-are-the-financial-and-legal-benefits-of-being.1073375
https://theredarchive.com/post/1073375
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Comments

[–]GivePuppiesBazookas 6 points7 points8 points 4 years ago (0 children) | Copy Link

I feel lucky, I am divorced and lost nothing, but also no kids or house. So my divorce was amicable as all hell despite our friction. She requested the divorce, I was the one to actually file. Only issue I ran into is I did it solo with her notarized "permission slip" and took a 5 minute lie detector grilling from the judge before he granted the divorce.

Kids will fuck everything up, assets come in a close second.

[–]Funny_Wolverine_9 4 points5 points6 points 4 years ago (0 children) | Copy Link

She filed first and also filed false domestic violence allegations. She's won everything so far and I'm in the 3rd year of not being able to see my kids and PROVE my innocence. All it takes is one false allegation to ruin your life. /r/falserapeaccusations and /r/divorce_men

[–]marcopoloman 5 points6 points7 points 4 years ago (3 children) | Copy Link

The one who files first generally wins

[–]DeadSkullMonkey 0 points1 point2 points 4 years ago (2 children) | Copy Link

It doesn't matter what gender you are?

[–]marcopoloman 0 points1 point2 points 4 years ago (1 child) | Copy Link

I worked in a law firm before. From my experience the person who files for divorce first generally gets the better outcome 9/10. Men rarely file first.

[–]DeadSkullMonkey 0 points1 point2 points 4 years ago (0 children) | Copy Link

From those men who do file first, how many win the case?

[–]OldEgalitarianMRA 6 points7 points8 points 4 years ago (0 children) | Copy Link

The day after my ex left my attorney advised me to file immediately. I won the house and custody of my son. With greatly reduced child support.

[–]OldEgalitarianMRA 0 points1 point2 points 4 years ago* (0 children) | Copy Link

States With Common Law Marriage

Colorado: Common law marriage contracted on or after Sept. 1, 2006, is valid if, at the time the marriage was entered into, both parties are 18 years or older, and the marriage is not prohibited by other law (Colo. Stat. §14-2-109.5)

Iowa: Common law marriage for purposes of the Support of Dependents Chapter (Iowa Code §252A.3) Otherwise it is not explicitly prohibited (Iowa Code §595.1A)

Kansas: Common law marriage will be recognized if the parties are 18 or older and for purposes of the Divorce and Maintenance Article, proof of common law marriage is allowed as evidence of marriage of the parties (Kan. Stat. §23-2502; Kan. Stat. §23-2714)

Montana: Not strictly prohibited, they are not invalidated by the Marriage Chapter (Mont. Stat. §40-1-403)

New Hampshire: Common Law Marriage: "persons cohabiting and acknowledging each other as husband and wife, and generally reputed to be such, for the period of 3 years, and until the decease of one of them, shall thereafter be deemed to have been legally married." (N.H. Stat. §457:39)

South Carolina: allows for marriages without a valid license (S.C. Stat. §20-1-360)Texas: Common Law Marriage in specific circumstances (Tex. Family Law §1.101; Tex. Family Law §2.401-2.402)

Utah: Utah Stat. §30-1-4.5

Not all state statutes expressly allow for common law marriages. In Rhode Island, case law recognizes common law marriages. Oklahoma's statute requires couples to get a marriage license; however case law has upheld common law marriages in the state.States Previously Allowing Common Law Marriage

States that did allow, and will still recognize as valid, common law marriages entered into prior to the date it was abolished

.Pennsylvania: No common law contracted after Jan. 1, 2005 (Pa. Cons. Stat. Ann. tit. 23, § 1103)Ohio: No common law if entered into on or after Oct. 10, 1991 (Ohio Stat § 3105.12)

Indiana: No common law if entered into after Jan. 1, 1958 (Ind. Code §31-11-8-5)Georgia: No common law after Jan. 1, 1997, however, common law marriages entered into prior to that date will be recognized by the state. (Ga. Stat. § 19-3-1.1)

Florida: No common law entered into after Jan. 1, 1968 (Fla. Stat. § 741.211)

Alabama: No common law after Jan. 1, 2017, however, common law marriages entered into prior to that date will be recognized by the state. (Ala. Code § 30-1-20)

https://www.ncsl.org/research/human-services/common-law-marriage.aspx

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