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is it worth the trouble to pursue this common law, no papers

 
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  • Answered by:Ely
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Customer Question

is it worth the trouble to pursue this common law, no papers signed, he will fight me
on every count. people think we were married using different names, as alot of folks
do now days, we owned nothing jointly together, but things in the home are mine and
i want them back which he refuses to let me have. He is engaged to a 50 year old ( he is
almost 72) and I want to be proved that he is committing adultry or worse. gloria

 



Already Tried:
nothing, but try to reason with him to no avail. glroia

Submitted: 274 days and 11 hours ago.
Category: Family Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  Ely replied 274 days and 11 hours ago.

Hello Gloria,

You are in Texas, as I can see from your previous question. If so, then if you wish to pursue divorce under the theory of Common Law Marriage, then you may, and it may be worth it. If you have been together for more than 10 years, then you may be entitled to Alimony in Texas, be it official or common law marriage (it is based on need).

Even if you have not been together for ten years, you are entitled to an equitable (fair, but not necessary 50/50) split of any/all marital assets, which means anything obtained while together.

To prove a common law marriage, all you have to do is show that you (1) agreed to be married, (2) cohabited, and (3) represented to others that they are married.

Of course, whether or not this is worth the emotional toll is your decision, and an attorney may also be expensive in a divorce.

IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.

Expert TypeCounselor at Law
Category: Family Law
Pos. Feedback: 99.3 %
Accepts: 7381
Answered: 7/19/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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Customer replied 274 days and 11 hours ago.

the toll is already great on me...we did cohabit, others thought we were


married, but he will say he never planned to marry, I was just his cash


cow...his permanent residence is texas, and has aquired alot from the


time we have been together, we lived together in texas in the winter


and separate in missouri. traveled everywhere together and have


pictures , bank statements of expenditures and receipts for alot of


things. He never bought a bite of food, ect the months we were in


texas, and i even payed for my own birthday dinner when he took me


out. cheapest man on earth!!! think i will pursue this some more.


you have helped me alot, final thoughts for me? gloria

Accepted Answer

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Expert:  Ely replied 274 days and 11 hours ago.

My pleasure, Gloria.

Final thought - if you expect this to be a contested matter, expect a drawn-out battle of six to twelve months. Texas allows a divorce to be drawn out for a long time. Also, expect to spend anywhere from 5-10 thousand if this is contested. Of course, the decision is yours.

While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. I understand that this may not be easy to hear, and I empathize.

Expert TypeCounselor at Law
Category: Family Law
Pos. Feedback: 99.3 %
Accepts: 7381
Answered: 7/19/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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