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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16363
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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In a relationship plus years 7 yrs partner was married, we

Customer Question

In a relationship for 11 plus years 7 yrs partner was married, we currently live in maui, Hawaii together. Relationship started in California do I have options for emotional distress
Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.

Hello there --

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Do you have children together?

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Have you lived together or are living together and if so, for how long and in which state?

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Are there any writings from your partner promising support or do you own any property together that you put money into and you could sue the partner in order to reimburse you?

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Customer: replied 1 year ago.
No property together or assets, just his word that he would like me to run the bed and breakfast when it's built. I want to know if I have a case for emotional distress due to he has relocated me to Maui and I'm not working
Expert:  Legalease replied 1 year ago.

Hello again -

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Your request for a telephone call did not go through. Usually that means that there is an issue with the payment method. I am happy to speak with you on these matters but cannot do so until the system tells me that the payment has gone through.

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My suggestion is that you call Just Answer customer service right now to straighten this out --- the telephone number is ***** OR 1-***-***-****

Expert:  Legalease replied 1 year ago.

Hello again --

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It still appears that your request for a telephone call cannot be processed. I am actually going to answer your question based upon the information provided so far and if you have more questions you can ask them in an additional message box here. Then, if during our conversation the telephone call request is processed and I am told by Just ANswer that it has cleared I will give you a call.

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Regarding your question, when you are in a non marital relationship with a partner, there are no claims for emotional distress based upon the status of that relationship. However, if you are actually working with him and he has made certain verbal promises to you regarding an employment relationship, then you can actually sue him in court for violation of an oral contract made between the two of you. For example, if he promised to have you move to Maui and employed by him for a certain amount of money and he has not fulfilled any of those promises, then that is a legally enforceable contractual relationship based upon an oral contract and his breaches of that oral contract made with you.

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Obviously, if the matter goes to court he will try to deny that he had any such oral contract with you and you somehow uprooted yourself and moved to Maui on your own whim and initiative, you should go back through any emails and text messages that tend to show your side of the oral contract (they are all admissible in proving that an oral contract existed) and then you need to get some statements from family and friends regarding the fact that you would not have uprooted your life without the oral promise of employment and an income from this person, no matter what the status of any other relationship that you might have had with him was. You should also start keeping a written journal of all of these events -- go back as far as you can remember and that is where you start the journal and write into it as if it were a daily or a weekly journal when all of this started and what was said by your partner and where it was said, etc. Keep the entries as short and factual as possible (I know it is hard but you should try to leave emotion out of it as much as you can -- that helps so that you can show a court that there is an existing business relationship and it is not so far reaching for the court to see that a legally enforceable oral contract exists between the two of you regarding this arrangement). In the meantime, you should also try to get your partner to say as much as possible in email exchanges regarding the situation and the fact that you uprooted yourself to move there and the costs of the move and any compensation that your partner has talked to you about -- everything and anything could help such a case in a court.

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Once you have some proof of existence of the oral contract then you should contact a local attorney and you CAN sue him for breach of the oral contract in this situation. In fact, this situation seems like a classic oral employment contract situation -- where one party offers another party a lucrative offer and the first party, relying on those contractual promises, uproots themselves and moves to the area where the employment is supposed to exist, and it ends up costing the first party a lot of money when nothing pans out as far as the employment situation goes. A local lawyer might be interested in taking the case for little or no money down, and you can also take the matter to small claims court in Hawaii - the monetary limit for a small claims lawsuit in Maui Hawaii is $5,000 and here is a link to a brochure put out by the Hawaii court system that explains the process and where to go online or at the courts to get the forms that you need to proceed with a small claims case if you want to go that route (you do not need an attorney in small claims court and the evidence that you can present is less formal there -- so the small claims court judge may be more willing to accept items of proof that you present more than a regular civil court judge would do).

http://www.courts.state.hi.us/docs/self_help_docs/small_claims_brochure.pdf

Please let me know if you have further questions. If not, can you please press a positive rating in the ratings section above so I will be paid for my time assisting you today. A positive rating is given by pressing the middle star or the fourth or fifth star on the right of the middle star in the five star ratings section above. Pressing a positive rating will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you today. THANK YOU VERY MUCH !!

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Again, if you need to speak on the telephone regarding this matter, I am still available if and when the approval comes through. But I do not think that I can add much more in a telephone call to what I have already told you above. If you have any follow up questions directly related to the original question you can ask it here and I am happy to answer it here in this written forum, even after you press a positive rating above so that I will be paid for my time assisting you tonight.

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MARY

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