HELP ME!!!!! with my common law wifee?

Question

I AM RECENTLY LIVING WITH MY COMMON LAW WIFE, WICH SHE MENTALLY ABUSES ME AND PHYSICALLY ABUSES ME IM TRYING TO KEEP MY KIDS AND THE HOUSE WE ARE BOTH IN CONTRACT WITH, IF I WOULD TAKE HER TO COURT DO YOU THINK THE JUDGE WILL RULE IN MY FAVOR!!!! OH I FORGOT MY OLDEST KID IS ALWAYS TRYING TO TELL HER TO GET OUT THE HOUSE TO GO TO ANOTHER HOUSE WOULD THAT HELP ME IN COURT IF MY 8 MONTH OLD COULD TALK HE WOULD PROBALY BE SAYING THE SAME PLEASE HELP!!!!

Answer 1

For your information most states do not have common law marriages so just to let you know that. If you own something and you bought it and you can prove you bought it, it is yours. The children if you can prove that your better fitted to take care of them then you will get them. But no such thing as common law..

Answer 2

Sorry to say but you are at a high risk of losing your kids if you don't step carefully 9 times out of 10 the mother gets the kids which ain't fair and I'm a woman saying that you need a couple of things on your side first
1. Try to get evidence of her physically beating you even if you call the police every time it happens there no shame in it id rather fight a man any day than a woman the police will seem like a waste of time they probably wont be too interested but get the REPORT NUMBER off them every time keep them safe for the lawyer later don't let her know about this in court this will make her look like a danger to the children. Photos are a good help as well so take plenty of every wound or brouse.

2. Try and have a good stable income from a job and MAKE SURE that when you leave her if your working you can have the kids well cared for as her lawyer will try to twist the fact that when your working who's caring for the kids
or if your not working they'll say you don't even have an income to support them (its crazy)

3. Don't go to a doctor with the mental abuse thing in court that doesn't go down well as you are made out to be mentally unfit to care for the kids you want to get everything on her but for her to have nothing on you

4. Try and keep the kids out of the court if possible some judges frown on parents who get kids to be witnesses and it can make you look desperate which in turn makes a judge suspicious towards the parent who asked for the child to be a witness

5. Get a good lawyer best not to get any high street lawyer there court time has been spent watching not arguing try to get a lawyer that works as part of a larger company and you will be better off

All the best to you remember divorces are hard and nasty and can drag out for years focus on the kids when it gets tough that's what your doing it for

Answer 3

There's no winner in such a travesty. Especially when an adult acts like a child and the children suffer. Judges don't listen to kids except maybe a very mature 17 year-old regarding which parent with whom to reside. You are not married. Real estate investments will be treated as such. Custody is a different matter. The judge will grant custody to the parent more fit. (Including financially fit.) If you two can't come to an agreement regarding visitation and custody, the court will appoint a GAL to your case (which the both of you will pay for, equally.) The GAL will determine and make a recommendation regarding custody and visitation. Judges see it this way: Just because she does horrible things and abuses you, doesn't mean she's going to do the same to the children. It's sad, but it's the law.

Answer 4

Assuming that somehow you and your "Common law wife" are using the same account, I will answer the same way I did the last time you asked this question as say that you were living " WITH MY COMMON LAW HUSBAND IN CALIFORNIA, "

----------------------------------------------------
As of 1895 there is no such thing as a "Common Law marriage" in California (see source). That is the problem with never having officially gotten married, you don't have the protection of divorce proceedings.

If you are renting the house and you are both on the contract then he cannot make you move out. The law will look at it as if you are roommates. Unless a judge order one of you out, neither of you can make the other leave. You have a legal right to live in that home. I would suggest contacting an attorney for help getting him out. Since you have kids a judge would probably issue you an emergency order to make him leave.

Answer 5

to tell you the truth, she'll probably get physical or 50/50 custody unless you have concrete proof that she is verbally abusive to the children. courts are reluctant to separate children and their mothers, which makes britney spear's case all the odder. i mean, you really have to be a messed up woman to lose all custody. so, unless you have some proof, i wouldn't risk losing custody of the kids via divorce. at least now you're in the same house with them. try to document any verbal/physical abuse especially any abuse aimed at the children. use any "spy" electronics that you can get at an electronics store to record abusive phone calls, actions within the home (nanny cam for wifey), etc.

Answer 6

No one should be abused. I would get as much proof together as I can, and yes the oldest kid may help in testifying, but that's alot to put on a kid. Esp. depending on their age. Tell her time for counseling or something is going to have to be done. This isn't good for the children to see either. Don't put up with abuse, no one should. What if it moves on to the children???????? watch out!!! It's already affecting them tremendously. If you have to, put her out, just don't let her take the kids, she could hurt them.

Answer 7

Go to a lawyer and file for custody of the kids. The court mediator will be asking the kids about you and your wife's conduct in order to determine who the kids will live with.

Answer 8

Call the cops on her the next time she hits you. File a restraining order and fight for custody of your kids. If shes an abuser, she will have a hard time getting custody without professional help, which she sounds like she needs.

Answer 9

Do you have police reports? Do you have proof of mental and physical abuse(besides what the children might say)? A judge won't usually use the testimony of children because they could be easily swayed.

Answer 10

I agree that you should call the police when she abuses you. If you have police reports it will help you get custody of the children when you leave. Which you need to do and soon. It is your responsibility to the children to see that they are in a non abusive environment and you owe it to yourself to be happy away from this woman.