Families Change Guide to Separation & Divorce

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Common-law Parents

Some parents aren't married. They chose to live together without getting married. In legal terms, this is called a “Common Law” relationship.

When common-law parents stop living together, they don't have to get a divorce, because there is no marriage to end. But they do need to decide what will happen to their kids and how they will divide their property.

The laws about custody and access are the same for married couples as they are for common-law couples. Parents need to decide on living arrangements for the kids and to decide on access rights, so that both parents have the opportunity to spend time with the kids.

For example:

  • If the kids live with one parent, when will they get to see the other parent? How often? And for how long?
  • If the kids live with both parents, will they stay with one parent during the week and the other during the weekend? Or will they spend one week with one parent and one week with the other?
  • Who will make decisions about education, religion, and medical issues?

Then parents have to decide how much money one parent has to give the other to help pay for the things their kids need. This is called child support.

Q & A

Q:
My parents never married. Do they have to go through the same process that married parents do when they split up?
A:

Common-law parents — parents who chose to live together without getting married — don't have to get a divorce, because there is no marriage to end. But they do need to decide what will happen to their children and how they will divide their property.

Q:
What is the difference between separation and divorce?
A:

When two people have been living together and they decide not to live together anymore, they are separated. However, when married people separate, their marriage has not yet ended. They have to get a divorce to legally end a marriage. Common-law couples don't have to get a divorce, because there is no marriage to end.

Q:
Who decides who I will live with?
A:

Ideally, your parents will make the decisions together about who you will live with and how that will work. Your opinion should be taken into account.

If they can't decide themselves, they might go to a mediator for help in reaching an agreement. Or they might have to go to court and have a judge make the decisions for them.