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I was in a common law marriage with 3 kids and have joint…

Customer Question
I was in a...

I was in a common law marriage with 3 kids and have joint property with my ex, I have moved out. How do i proceed to get child support and division of assets. We are not legally married?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Georgia. All 3 kids with him...He as everything and i have the kids..I dont know what to do

Lawyer's Assistant: Has anything been filed or reported?

No its been 18 months

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We were married traditionally in Africa..just not legallly here

Submitted: 8 months ago.Category: Family Law
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1/2/2018
Family Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 39,891
Experience: 30 plus years of experience.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Family Lawyer: Loren, Lawyer replied 8 months ago

Unfortunately, Georgia does not recognize common law marriage. So, you would not be entitled to spousal support under Georgia law.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels.

If you have minor children, however, you can file in family court for child support.

For jointly owned real estate and personal property, you would need to either negotiate a settlement or file for an order of partition to sell the property and split the proceeds.

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Customer reply replied 8 months ago
I did not need any spousal support. So i need to file 2 seperate orders. CHild support and the order of partition? He does not want to sell or split anything.
Family Lawyer: Loren, Lawyer replied 8 months ago

Yes, the child support and partition are separate causes of action.

While you can pursue this pro se, it is strongly recommended you retain a commercial litigation attorney to represent you. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

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Family Lawyer: Loren, Lawyer replied 8 months ago

Are you still online with me?

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Family Lawyer: Loren, Lawyer replied 8 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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