Q: Does he have the rt to file divorce papers if we never married legally? Lived together 6 months.
A:
First, what do you mean by "never marrying legally?" If the marriage was not legal, then you may consider an annulment. An annulment is when a marriage is void from the onset. However, if the marriage was void from the onset, he could always file for a divorce based on common law marriage. In order to be married by common law, you have to have held yourselves out as husband and wife. This is done by introducing yourselves as husband and wife. It is also done by holding joint checking/savings accounts, having pay checks go in the same account, having bills with both of your names on it (using the same last name), and other things that typical husbands and wives would do.
If you have further legal questions, I would be happy to discuss them with you. Feel free to give me a call.
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