we have 2 children together, and were together for 7 years. im worried as i dont want to uproot them especialy the older one as he is settled in the local school,the split has affected him as it is. serious answers only please.
2007-02-12 11:22:21 · 10 answers · asked by jinxs 1 in Family & Relationships ➔ Marriage & Divorce
Your question is a little vague and does'nt explain your problem in much detail but i will answer as best i can.
Alot of courts now except that a common law wife is similar to a wedded wife in legal terms.
This change has been brought about the decline of marriages and people having long standing partnerships.
So some courts etc will treat you as though you were married straight from the start.
I assume from the word uproot you live in a private house that is morgaged/paid for and he wants you to move out.
Did you have any income at all that was put into the home i.e food etc as this would be in your favour.
Do go and see a solicitor for legal advise,nearly all will give you a free consultation on your first visit irrespective of your income.
If you feel he isn't being fair with you,be prepared to play the same game it may be the only way.
I have been with my partner for 23yrs and have 5 children and am glad to say we are still very happy.
I visited a solicitor for my eldest daughter who has just had a baby for some legal advise for her.
My children are all mine have my surname and i'm the father on all there birth certificated.Yet i have no legal rights over my children if we were to spit up for any reason.
If i wanted to take them on holiday for instance i need legally my partners permission.
If your ex is close to the children then play your Ace card if you have to,remind him any help he gives is for his children not for you.
I am sorry things have'nt worked out for you and wish you and your children all the best.
2007-02-12 12:03:32 · answer #1 · answered by Tony 3 · 0⤊ 0⤋
Hi. Sorry to hear about your situation. The most common thing you are going to hear on here is, call an attorney. I would highly recommend this. If you are unable to afford one, use this advice carefully.
A lot of states have laws about common law marriage. They do hold real legal rights, almost as much as legal marriages. They vary greatly from state to state. What I would do initially is go to yahoo. Put in this: common law marriage in ____. (your state). This is going to give you a lot of information. Then you can see actual law statutes that may be able to help you. In our state, the law for common law marriage comes into affect after 15 years, not 7, but again it varies. You have a headstart on him, as you are the mother of these children. In the eyes of the law, generally, kids stay with the mother. He does have rights, but if he is a drug user, violent person, a felon, etc., you will get more ground on him. Unless you are unfit, the courts are probably not going to uproot your children. Really, look on yahoo. There are official legal sites you can visit to get your answers. Stay tough! Oh, and I know this sounds cliche, but if you are in immediate danger, CALL THE COPS! Don't let you or your kids be abused.
God bless you.
I FOUND THIS, PERHAPS IT CAN HELP.
Currently, only 9 states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Texas and the District of Columbia; see notes below re Utah and Pennsylvania) recognize common-law marriages contracted within their borders. See, Piel v. Brown, 361 So. 2d 90, 93 (Ala. 1978); Deter v. Deter, 484 P- source: ct-divorce.com
It doesn't mean you don't have rights, though. Just that these states recognize it as legal as a court marriage.
2007-02-12 11:31:32 · answer #2 · answered by demongelding1@hotmail.com 3 · 0⤊ 0⤋
If you live in a common law state you have same rights as a woman that was married
2007-02-12 11:39:16 · answer #3 · answered by sara a 2 · 0⤊ 0⤋
I think that the term "common law wife" is a bit of a myth and has no real legal basis.
You have rights as a mother ok but property and assets are a dodgy area. Get legal advice.
2007-02-12 11:29:18 · answer #4 · answered by Yeti 3 · 0⤊ 0⤋
There is no such thing as a comman law wife any more-or so Iv been told was in your situation.
You should talk to ur partner if your worried. If your working 16hrs+ you are entitled to working tax credits,child tax credits are also avalible to you and you should be getting child benifits. If you think he will make things difficult get in touch with the csa and all the rest will follow.
Make sure you speak to your children about what is happenin when my parents split up I was six and my mum didnt lie to me. I wouldnt of thought I got all the info but it helped to know what was going on.
I hope everything works out.
2007-02-12 11:44:28 · answer #5 · answered by monkey-nuts 2 · 0⤊ 1⤋
Better of getting the papers on him it's not as complicated then..If that out of the question give him his WALKING papers...Plus no such thing as common law in state of VA..just so u know..
2007-02-12 15:00:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I think most everything is 50/50 here and with the kids try for joint custody of them. Contact and attorney and find out what you may be entitled to as well.
2007-02-12 11:29:54 · answer #7 · answered by Lady Hewitt 6 · 1⤊ 0⤋
You can file to have sole custody of children and file for child support.
2007-02-12 11:26:28 · answer #8 · answered by Anonymous · 1⤊ 0⤋
not sure exactly wot rights r, seek legal advice, as u have children its important 2 get things sorted quickly with minimal disruption
2007-02-15 23:46:47 · answer #9 · answered by Kaz 3 · 0⤊ 0⤋
you shall have all the common rights
2007-02-12 21:30:53 · answer #10 · answered by Anonymous · 0⤊ 0⤋