Q: Colorado common law since 2007 now live in nebraska.How do I get divorvced and where?
Together since 2003. Common law,married since 2007. Have live in Nebraska now for 21/2 years . LOTS OF ABUSE HAVEMANY RECORDINGS TO PROVE IT BUT DIES IT EVEN MATTER .I NEVER WORKED BECAUSE HE WOULD NT LET ME .AM I ENTIGHTLED TO ANYTHING WE HAVE NOTHING EXCEPT THE MOTOR HOME WE LIVE IN AND A FEW CRAPPY CARS .SHOULDNT HE HAVE TO GIVE ME SOMETHING TO HELP ME MOVE AND GET STARTED .?
A: Nebraska doesn't recognize common law marriages. However, if you were married in another state under that state's common law marriage rules, Nebraska will recognize the marriage as valid under the full faith and credit clause. That being said, in some cases it is tricky to prove whether (and when) you were common law married in another state. The Court may look at things such as filing taxes together as married filing jointly as one way that both parties represented to the government that they were indeed common law married.
Once it is shown that you are in fact legally married, then the case is handled as any other divorce case. The Court will divide the marital assets/debts and generally the overall division is 50/50 (not always). Depending on the circumstances, the Court could order one party to pay alimony to the other. Whether the Court is likely to award alimony or temporary alimony while the case is pending depends on the overall facts of the case and also somewhat depends on which judge is assigned to the case. The classic alimony case is when one party stayed at home as the other party had a good paying job. Even in cases where one party stayed at home, if neither party has much income, the Court may not order alimony, but it just depends on the overall facts.
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