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I have been with my partner for 16 years and we have 3 kids .Is it any law to proctec me and my kids

2006-08-07 11:26:07 · 10 answers · asked by pinkwater 1 in Family & Relationships Marriage & Divorce

10 answers

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2006-08-07 11:29:12 · answer #1 · answered by Anonymous · 3 0

He will have to pay child support


Contrary to popular belief, even if two people live together for a certain number of years, if they don't intend to be married and present themselves to others as a married couple, there is no common law marriage. More particularly, a common law marriage can occur only when:

a heterosexual couple lives together in a state that recognizes common law marriages
for a significant period of time (not defined in any state)
holding themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife" and filing a joint tax return, and
intending to be married.
Unless all four are true, there is no common law marriage. When a common law marriage exists, the couple must go through a formal divorce to end the relationship.

Common law marriage is recognized only in the following states:

Alabama
Colorado
District of Columbia
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Utah

2006-08-07 11:32:24 · answer #2 · answered by Bill 6 · 0 0

the kids yes. He has the same obligations and responiblities to your children as he would if you were married. However, for you it's a whole different ball game. He has no obligations to you. In the courts eyes you are nothing but the mother of his children and nothing else.
I was with my daughter's father for 13 years, sharing a bank account, and everything else was in both of our names. After 13 years, we got married. 3 and 1/2 years later we divorced and all the courts would look at were the 3 1/2 years we were married and that's what my settlement was based upon. So if your not married, guess what? You're not intitled to anything.

2006-08-07 11:50:23 · answer #3 · answered by Charlene G 2 · 0 0

Unfortunately common law marriage isn't what it use to be. In order to be protected under this clause in the law, you would have had to file taxes together, have joint accounts longer than three years, live as man and wife, and have the children carry your partner's last name(there are exceptions to this rule). Because of the recent light shed on same sex marriages and common law marriages, they aren't letting as many things slide as they use to. Call your local clerk of courts in your jurisdiction for more information.

2006-08-07 11:32:55 · answer #4 · answered by Hollynfaith 6 · 0 0

May want to contact the courts in CA to find out for sure as laws change all the time. Good Luck!

2006-08-07 11:33:35 · answer #5 · answered by yeppers 5 · 0 0

My mother works for our local child enforcement agency. It's my understanding that the children will have some protection financially if you were to split, but most states don't honor common law marriage anymore. If they are his kids, it doesn't matter if your married or not, he is still responsible in any state. You need to check your local laws as far as common law is concerned, but I think you luck is out if you split.

2006-08-07 11:49:33 · answer #6 · answered by Jeff 2 · 0 0

California does not enable easy regulation marriage to be familiar interior its borders. although, it does recognize easy regulation marriages familiar in states that permit for the business enterprise of easy regulation marriage. States that permit easy regulation marriages to be familiar w/ in this is borders: Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah easy regulation marriage is comparable to wide-unfold marriage, even though it has no formal workplace work.

2016-09-29 00:35:07 · answer #7 · answered by grumney 4 · 0 0

your kids yes. I think there is no common law marriage in calif.

2006-08-07 11:29:45 · answer #8 · answered by Anonymous · 0 0

Definitely yes.

2006-08-07 11:29:53 · answer #9 · answered by PetsRule 3 · 0 0

maybe

2006-08-07 11:29:13 · answer #10 · answered by Lil mama 5 · 0 0

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