What are my options according to the law regarding support in a divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my options according to the law regarding support in a divorce?

I’ve been with a man for 8 years now. He’s the father of my 2 children. We’ve been engaged for 6 of those 8 years but never legally married. We are going through a breakup. I’ve been a

stay-at-home mom for 7 of those 8 years, which was a decision we made together for our family. He supports the family financially; my children are staying with me. I’m willing to allow him every other weekend or whatever we decide; I’m very flexible and willing to be fair.

However I will ask for child support. We live together and both of us are on the lease. I would like to stay in the home where they feel comfortable and not have to take them to sleep on a friend’s couch but because I do not work will he be obligated to support me any until I’m able to support myself or pay a portion of the rent for the boys and I to stay in the home until I get a job and am financially stable? Is there such a thing as common law?

Asked on May 2, 2016 under Family Law, South Carolina

Answers:

G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

 
In your situation you might be able to show you were in a common-law marriage. Two qualifications must be met in order for the court to recognize your common-law marriage.  First, the couple has to have considered themselves married, and both people presented themselves to others (friends, family, neighbors). Did you have joint accounts, joint tax returns or such things that show you shared a life together.   Second, you are eligible to be married under state law. For example, you can’t be under aged or related.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption