Met "JA" almost a year ago. He lived with me for 8 months. Never had a job for the first 6 months, he probably invested $300 - $400 in the first 3 months. After that I paid for EVERYTHING. I am 5 months pregnant now, he left after I was 2 months pregnant. He did get a job before he moved out, invested $600-$700 in the last two months he lived with me. He also got insurance for me and my son along with his from work. On this insurance plan I am listed as his wife, my son is listed as his step son. He has told people at work that we are married. He pays, I am told by him, $500 a month out of his paycheck for this. I am thankful for that. But I am more angry than glad, I will go get my own insurance if I have to. Am I married to this man, and what legal actions do I have at my disposal? I just want child support for his child that I am pregnant with and if I have to divorce him, I want spousal or something from him.
2006-12-30 15:03:52 · 19 answers · asked by alisha s 1 in Family & Relationships ➔ Marriage & Divorce
It depends on if your state recognizes common law and how he got you put on the insurance without a legal document showing you are married. Here in Texas,we had to go to the courthouse and pay the same fee as for a marriage license to get a document showing we were "married',with him signing a document and having it notorized right then and there that stated he had told others and showed others we were living as husband and wife. I would check with his work for any documentation and if he says your his wife,then you are entitled to support for yourself and the child. Regardless the unborn child is his and he will have to pay child support on it. I would consult an attorney on Tuesday morning to see what legal rights you have or need to have in place. Good luck and congrats on the upcoming Baby too.
2006-12-30 15:09:30 · answer #1 · answered by grbarnaba 4 · 1⤊ 1⤋
Where do you live? There are only about a dozen states that even still recognize common law marriage (and despite what many people think, in the states where it is recognized there is no ‘7 year’ requirement for it). But even IF you live in one of those states and IF you are recognized, you won’t get alimony for an *8 month* relationship. Of course, once paternity is established for the child, you will be entitled to child support.
2006-12-30 23:36:45 · answer #2 · answered by kp 7 · 0⤊ 0⤋
First of all, whether or not you have a common law marriage depends upon whether the state you live in recognizes common law marriages. Only a handful of states recognize common law marriage. Typically if the state does recognize common law marriage, there is more to it than just living together. In Texas, for example, you have to have an agreement to married, you have to hold yourselves out as husband and wife to others, and you have to have lived together after agreeing to be married. In Texas, there is no requirement with regard to having to live together for a specific amount of time, as long as you live together after agreeing to be husband and wife. It is also difficult to prove a common law marriage, at least in Texas, as you have to prove what the parties intended. Since it is difficult to establish what someone intended, you typically have to do this by circumstantial evidence (i.e. filing joint income tax returns, or in your case the health insurance he is providing as he has listed you as his spouse). It would obviously be easier if you did not have to file for divorce, perhaps there is a legal aid provider in your area (they provide free or substantially reduced legal representation). It might be a good idea to talk to the Attorney General's Office where you live since they handle child support issues.
2006-12-31 00:33:26 · answer #3 · answered by atty4u2006 1 · 0⤊ 0⤋
Sorry, but I don't think there's any such thing as common law marriage anymore. No marriage certificate, no marriage. Doesn't matter how many people he tells you're his wife, you're not. I'm surprised the insurance company didn't ask for a copy of his marriage certificate, which is what all insurance companies require once you get married, I believe. I mean, you may be able to alert the insurance company that he's committed insurance fraud, but then you'd jerk yourself out of insurance, and you need it if you're pregnant. If you're just taking his word that he's paying for you and your son to be under his insurance, you may want to do a little digging around, because it sounds like he's lying, and since legally you're not entitled to anything of his, you may want to find some things out before it's too late, and you're stuck with nothing. Good luck.
2006-12-30 23:11:08 · answer #4 · answered by dorky_goddess 4 · 1⤊ 2⤋
Common law is usually 7 years or more. Some states don't even recognize common law marriage any more. Nebraska I know doesn't. Consider it a lesson well learned and Don't let it happen again. Make sure you go after him for child support although if he isn't holding a job your not going to get much. Take him to small claims court to recover some of the money but that will probably cost you more than you will get out of it. Good luck.
2006-12-30 23:13:24 · answer #5 · answered by unicornfarie1 6 · 0⤊ 2⤋
Check out common law marriage on the internet. I think you have the right to get half of all assets that he has acquired. Best of luck hope this helps. There are legal services available to you to assist you in case divorce is needed. By the way these services are free.
2006-12-30 23:33:06 · answer #6 · answered by jmc 2 · 0⤊ 0⤋
It depends on the state and the laws. I know VA has no common law statue anymore, but in Colorodo you can claim common law after only 6 months if you presented yourself to the community as husband and wife. Check online for your States laws regarding this situation.
2006-12-31 00:08:14 · answer #7 · answered by just_trump_my_ace 2 · 0⤊ 0⤋
Back that thang up!
It sounds like you are way too angry and at this point you really don't want to be in common law with him. For all the dirt and all the wrong he has done I can not imagine why you have allowed yourself to get pregnant by him.
Now you want to fight back. Now you want to take him to the cleaners? Please do not waste your energy trying to get even. No money is going to bring back the time and energy you have already lost.
You're going to have another 18+ years ahead of you now that you are prgnant. Do you really want to put up a fight now?
2006-12-31 00:17:42 · answer #8 · answered by Tired of being Mr. Nice 3 · 1⤊ 0⤋
you are not married to him unless you went and got a marriage license and had a ceramony of some kind... that being said if he has lied to his ins co and said you were his wife you and him can get into trouble for that and they may not pay or you may have to pay them back.. im not sure what kind of money you make or where you live but im sure you can get a medical card or something to help you out with the baby.. if you this unhappy break it off with him sue him for support when the child is born and be done with it but check into that ins thing because you dont want to scam an ins co they will catch you
2006-12-30 23:18:12 · answer #9 · answered by crazyme 5 · 1⤊ 1⤋
Common Law,that depends on the state you live in. Check with a Divorce lawyer. They will let you know for sure.
2006-12-30 23:15:58 · answer #10 · answered by whataboutme 5 · 0⤊ 0⤋