Q: Four and a half years ago my best friend of 4 years and boyfriend and I decided to have a common law marriage,
We went to the Court annex and he didn't tell me he didn't have an idea and he actually had a ticket warrant and so we couldn't get a regular marriage license. So we decided to use a common law marriage. We both announced on our Facebook pages. He introduced me to all of the neighbors and his wife and he put me on his health insurance at work. Soon after that I started bleeding out bad. He drove me to the hospital gave them the insurance information left me. When they got me stabilized 3 days later and if you have surgery he killed our dog and called me and told me about it so they had to delay my surgery again because I was having a nervous breakdown. I ended up staying in the hospital for a month three surgeries and nearly lost my life. In that process he moved in two women and moved me out. Luckily I had a friend that came and stayed at the hospital with me alive. When I went to try to retrieve my clothes and paperwork my birth certificate and social security card were gone the girl
If you chose to record a declaration of common law marriage instead of getting a marriage license, you can and should file for divorce under the circumstances you describe. You have two years from the date you stopped living together as spouses to file. From your description, that sounds like it may have been when he dropped you off at the hospital.
If he disposed of your personal belongings under the circumstances you describe, the divorce court may compensate you by awarding you other community property of equal or greater value, may award you a disproportionate share of your community property, and may require reconstitution of your community estate by your husband for the property he gave away.
Incidentally, a ticket warrant would not have prevented you from getting a marriage license. If he told you that, he was lying to you.
Penny Wymyczak-White agrees with this answer
A: If it has been less than two years since you separated file for divorce, You will need to order a new birth certificate and ss card,
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.