Addressing the Legal Issues Involved in the termination of Cohabitation Without Marriage or a registered domestic partnership.
With the divorce rate at 50 percent, many couples decide to forego marriage entirely. Termination of an unmarried cohabitation can bring up issues such as property division, child custody, child support, and parenting time, just as in a traditional divorce.
At the law office of Jensen & Leiberan, we represent couples resolving the many legal issues involved in ending a relationship in which the parties lived together but were never married and therefore do not have the legal protections given to married couples.
No Law to Guide Us
When couples who have not legally formalized their relationship go their separate ways, there is no statutory law that controls division of property. Some judges rely on contract law while others try to treat the situation as it would be treated under Oregon family law statutes. The result is that decisions involving unmarried cohabitation vary widely.
To prevent problems down the road, it is wise for couples who choose to cohabit without benefit of marriage to consult a lawyer and draw up a contract that spells out how they will distribute assets and handle custody and parenting time should they ever decide to separate.
It is especially important for the fathers of children born out of wedlock to establish legal paternity of their children. Without a determination of paternity, fathers have no legal right to custody or visitation. The mother of your child can take the children out of the state or out of the country and you will have no legal recourse.