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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33168
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My husband and I were married years and had 3 children

Customer Question

My husband and I were married for 14 years and had 3 children together, then divorced, he remarried for 8 years, then divorced. Same year he moved back with me and were together for 13 years until he passed away. Our state recognizes common law but will not give me his pension unless I have a Superior Court judge approves a judgment, I don,t have money for a lawyer because I have to pay the mortgage by myself now. We purchased the house together in 2008.
Submitted: 4 months ago.
Category: Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


In a situation like this, you can contact your local Legal Aid office to see if they can represent you. They are the equivalent of the Public Defender for criminal cases except they handle civil matters like probate, and divorce. They have attorneys who can represent clients for low or no cost or may be able to refer you to a low cost or pro bono attorney locally who can help. You can also contact the RI State Bar Association to see if they have any referrals to any pro bono attorneys.


This isn't really that complicated of a case and should just be a matter of drafting a petition for the judge to approve recognizing the common law marriage, having a hearing with you and any witnesses testifying, and then the judge signs off on an order formally declaring you common law married.





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