Tuesday, February 2, 2010

What am I entitled too when splitting from long term partner?

We have 2 children (5%26amp;3) and have been together for 13 years, but not married. I want to leave (or for him to) but I am a stay at home mum and therefore have no money of my own. How do I go about leaving? I feel so trapped.What am I entitled too when splitting from long term partner?
Coiurts do ot uphold the common law marriage any longer like they use to.





Your best bet would be child support for the children and from there whatever comes from the goodness of his heart.What am I entitled too when splitting from long term partner?
Well even though you aren't married common law might pervail here. You are definitely entitled to child support for both children until they are 18 years old and since you don't have any income you might be entitled to more child support or even palimony, if there is anything in your name then that you'd get, you might be entitled to 1/2 but that depends on the law and you'd have to consult an attorney to know what you're entitled to.





If you want to leave, then this is what I suggest, my mother and her friend both did this when they prepared to leave their husbands, my moms friend was also a stay at home wife and knew her husband was going to give her squat if they divorced. Whenever she did the grocery shopping she'd pay by debit card out of his account, when she checked out it asks if you want cash back, she'd say yes take $25 or $50 and put it away into her own bank account. He never checked the grocery receipts. When she went to Sams club or BJ's to do bulk shopping, she'd purchase extra items and store them away at a friends house in their garage. She did this for several years so that when she finally left she had a lot of money in the bank and a lot of supplies to keep her going for a while.





Since your children are young you might find it hard to work a part time job, something you can do is sell Avon or Mary Kay or even party lite, you have to purchase the kits up front but you could hold parties in your house or go to a neighbors and earn extra income and have a baby sitter watch the children for a few hours. One month my friend made $1700.00 in sales for selling Party Lite Candles (which sell themselves) you could put that money away in a bank account your husband doesn't know about. It's a thought.





My sister was in the same situation, no child support from her ex husband, lived with her b/f for 9 years with no car, lived in his house and worked for him but didn't get paid. he kicked her out with nothing.
It depends on if you live in a Commonwealth state. In a commonwealth state you have a common law marriage and to seek a dissolution you will need a divorce. Here is a list of states that have common law or certain common law marriages below:





States Permitting Common Law Marriage


Alabama


Colorado


District of Columbia


Iowa


Kansas


Montana


Oklahoma


Rhode Island


South Carolina


Texas


Utah





States Permitting Certain Common Law Marriages


Georgia (if the elements were satisfied before January 1, 1997)


Idaho (if the elements were satisfied before January 1, 1996)


New Hampshire (for inheritance only)


Ohio (if the elements were satisfied before October 10, 1991)


Pennsylvania (if the elements were satisfied before January 1, 2005)





If you live in any of these states, go to your local court house and pick up any forms you need from them and you can file on your own without an attorney. Now since you have child, you are entitled to child support from him. You should check at the court house for that as well.





You may also be able to receive assistance from the state in costs for shelter, food stamps and so on, so check with your local Dept of Social Services.





Good luck !
Well you'd be entitled to child support for the two children. You need to check your state's laws on palimony to see if that is a viable option or how your state views Common-Law marriages. You will need a laywer before doing anything and you can petition the court for him to pay your legal fees. I hope with 2 children and a 13 year relationship you have given counseling a try.
Your best bet would be to consult an attorney. Since you've been with him for 13 years, depending on your state, it may qualify you as being married, without the paperwork (sorry, the legal term escapes me right now). If your house is in both names, you are entitled to half...again, contact an attorney. Usually your first appointment, or consultation, is free of charge.
If you are not married then you have very little rights. If the house is in joint names then you have no worries. If it is just in his name you will have to prove a resulting or constructive trust. He will have to pay maintenance for his kids but not for you. If you want to leave then do it, get a job and find a house to rent
i don't know what state your in,, but in some states you would be considered in a common law marriage and have the same rights as a married couple. get a lawyer esp if you have children. there are programs out there to help you. contact your local state welfare program. they can help you. in some states they'll help get you a place, and if you want to go to work, they'll help with daycare. if you want to continue with education, they can help with that also..good luck
  • Eit International
  • No comments:

    Post a Comment