In an increasingly globalized world, more and more New Jersey residents are facing child custody disputes that involve international elements. Understanding the nuances of child custody law can be the difference between winning or losing a case, and when clients or potential clients of Child Custody Law Services in Pakistan are involved, language barriers and cultural differences can make it difficult to communicate legal options and their possible consequences.
At its most basic level, common law marriage in New Jersey is a legal arrangement in which a couple agrees to be married and acts as any married couple would without obtaining a formal marriage license or going through a wedding ceremony. In the United States, most states discontinued common law marriage policies; however, until 2016, New Jersey recognized common law marriage. Before 2016, if a married couple obtained a common law marriage in another state, New Jersey courts would recognize the couple as legally married, even if no formal marriage occurred in New Jersey.
Prior to 2016, New Jersey courts would recognize a common law marriage as long as:
- The marriage was entered into legally in a jurisdiction that recognized common law marriage;
- Both individuals agreed to be considered married; and
- At the time of the marriage, the couple had the intent to remain married in perpetuity.
While there are various reasons that a couple may choose not to enter into a traditional marriage, one of the most common reasons is that the couple does not believe that they will remain together long enough to constitute a lifetime commitment. In many cases, however, they do have children and at the time of the birth, they are still together. In these situations, a common law marriage can directly impact child custody disputes:
- Even if a couple has separated and divorced out of state, many states will still recognize their common law marriage as valid, and the couple may have the same rights regarding child custody and support as traditionally married couples.
- If common law spouses have additional children after obtaining a common law marriage, the birth certificates may not reflect the correct information unless they take the appropriate legal steps to modify the birth certificates.
- Common law marriage may affect the property division or spousal support aspects of a divorce, as may be the case in any divorce.
As a country known for its religious tolerance, the U.S. has a well-established tradition of willing to work with international clients whose family traditions differ from Western traditions. For this reason, it can be highly valuable for these clients to work with a family law firm that understands the inherent nuances of international and intercontinental child custody disputes. One of the fundamental differences between international family law matters and domestic matters is the extent to which cultural traditions and practices can impact a case. While common law marriage is a Christian concept that is not widely followed around the world, marriage is an integral part of Islamic tradition. Based on the teachings of the Quran, Islam recognizes the purposes of marriage as the creation of a harmonious relationship between two people intended to last until death. While this definition of marriage differs from that of Western marriage in that it is intended to be a union that lasts until one party no longer lives, it is important to recognize that practically, divorce is a very real possibility, and when divorce does occur, the circumstances surrounding the marriage and the divorce can have a direct impact on the outcome of child custody disputes.
As experienced, compassionate New Jersey family law attorneys, we can help all clients navigate the complex child custody laws in the U.S., and provide informative guidance regarding how international family law matters can differ from domestic matters.
For more information on family law, you can visit Nolo’s Family Law Overview.