A friend has been living with a man for over 10 years, were never married, and they have a child together. They are now experiencing BIG TIME problems. I'm sure that they would have got a divorce if they had been married. Does she have a "lawful" leg to stand on? How do the courts look at this? When they part ways, does she have any rights or are they forfeited? I don't know if the laws differ state to state, but they live in Illinois. What are or are not her rights (or lack of.) Thanks.
2006-10-02 17:38:23 · 7 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I live in Canada, but many of our laws are similar. There are rules of "Common Law" in most countries, & the courts are beginning to recognise common law relationships in cases of breakups. Especially where children are involved. Many people think that they are making it easier on themselves by not getting married, & expect that there is less risk involved in case of divorce. Nothing could be further from the truth. In fact a divorce would be easier to bring through the courts with a legal marriage in place than without, simply because there are more guidelines & rules for the courts to follow than when there is no "legal" marriage.
After 10 years of marriage I'm sure that there is a considerable amount of community assets to divide up, & if it's contested, then the courts might get involved in the form of a lawsuit.
Child custody if contested may be a sticky issue. It may be necessary for the natural father to legally adopt the child in order for him to have any kind of parental rights. It depends on how the birth certificate was made up, & the laws of the state you are in.
In the best of all cases they can break up & go their separate ways as long as nothing is disputed, each one can get married again, & all is legal & good.
But with couples being couples, it would be suprising to me if they can split up without fighting over something.
If it turns out to be as messy as it can get, then both parties are going to wish that there was a marriage certificate in the 1st place before it is all done.
2006-10-02 18:02:33 · answer #1 · answered by No More 7 · 1⤊ 0⤋
Notorious, Yes the bible was written by men, Men inspired by the holy spirit. And the bible says homosexuality is wrong, Even if the bible didn't exist, My reasons for opposing homosexual marriage are as much secular as they are spiritual and I could make as equally strong an argument coming from either point of view. The thing I've noticed while observing this issue of homosexuality over the years, Is that homosexuals don't care if them marrying is right or wrong, In their minds they have already pre determined their going to practice their perverted illness regardless. You can't redefine words and institution just because a group of people decide they want to start acting upon unhealthy perverted behaviors . No society in history has ever adopted this kind of behavior and survived, That's a fact, Whether it be the Roman Empire, Babylon or Ancient Greece, All these societies were conquered crumbling into the dust as a result of immorality and the hallmark of that immorality was homosexuality. God bless & Merry CHRISTmas !
2016-03-18 03:58:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In Texas there is no such thing as common law marriages any more but if u want 2 remarry u have to get a divorce cause they held them slves as husband and wife
2006-10-02 18:02:46 · answer #3 · answered by Laura G 1 · 1⤊ 0⤋
If she ever used his name...ie Birth Certificate...checks...lease
purchase of some sort etc.... there is a good chance that they
might be considered common law.... but common law has changed a lot in recent years and a Lawyers Initial Free-Consultation would be your answer.
2006-10-02 17:43:52 · answer #4 · answered by RiverRat 5 · 0⤊ 0⤋
i have heard most people say that people who co-habitate for more than 7 years are considered common law marriage. But it only works in community property states, which illinois may be but california is not.
2006-10-02 17:42:32 · answer #5 · answered by jon 3 · 0⤊ 0⤋
They differ state to state but in Oklahoma if you have lived together that long and have a child it would be common law marriage if that's still considered.{I haven't heard it's changed.}
2006-10-02 17:44:13 · answer #6 · answered by alexff08 2 · 0⤊ 0⤋
i don't believe Illinois is a common law state, however she should check with a lawyer asap
i listed a website to check..but still she should check with a lawyer.
2006-10-02 20:40:42 · answer #7 · answered by figgy 2 · 1⤊ 0⤋
most state donr reconise this your best bet is to see if your state does . my opion?
2006-10-02 18:52:05 · answer #8 · answered by the_silverfoxx 7 · 0⤊ 0⤋