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Law Educator, Esq.
Law Educator, Esq., Lawyer
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I live in Kansas with a man that I was previously married to

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I live in Kansas with a man that I was previously married to twice. We have lived together while married and not married for 7 years and he refuses to get married again. I am currently umemployed and he has threatened to kick me out. We have built a house together of which he is paying for. He pays all utilities and almost everything in the house has been paid for by him. He is self employed and makes over 300K a year. Am I entitled to anything if he forces me to leave? Can I legally make him leave to give me time to find a job and other living arrangements? What, if any, choices do I have?
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
Under Kansas law for a man and woman to form a common-law marriage, they must: (1) have the mental capacity to marry; (2) agree to be married at the present time; and (3) represent to the public that they are married. Since he refuses to get married, this would not apply. However, because you were indeed married before, you can always return to the court where the divorce was issued and seek spousal support (alimony) from him if he puts you out of the house. As far as putting him out of the house, if you are not married and the house is yours, then you can seek to have him removed from the house and if he refuses to leave and the police will not intervene and make him leave, you would go to court and seek his removal and can do so in the same action when you seek spousal support.

For a man and woman to form a common-law marriage, they must: (1) have the mental capacity to marry; (2) agree to be married at the present time; and (3) represent to the public that they are married.




Customer: replied 6 years ago.
What do I need to file to try to get alimony form a previous divorce? Do I need to hire an attorney?
Expert:  Law Educator, Esq. replied 6 years ago.
You should have an attorney, especially if he is making that kind of money because he will likely get one and these matters are fairly difficult to pursue without legal representation familiar with the laws. You would file a motion for spousal support under the divorce case or you may even have to file a petition for support if the divorce case had been closed.

Customer: replied 6 years ago.
If the divorce is final, would'nt the case be closed?
Expert:  Law Educator, Esq. replied 6 years ago.
You need to review the divorce decree, many times when a divorce is made final the court will retain jurisdiction for matters of marital property settlement and alimony, if it was closed completely, then you would have to seek to file a petition for spousal support in the family court. Same idea, just a different mechanism.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 92723
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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