Legal Question in Family Law in Alabama
I am in a common law marriage and have been a homemaker for the duration of the marriage. I am wanting a divorce. How do I begin the process if I do not have funding? If the vehicles are in my husbands name, does this hinder my use of one of them to establish a new household with child in tow? What are my rights as a homemaker wife in division of property when my name is not on anything?
1 Answer from Attorneys
Several questions arise as to how long you have been in a common law marriage and whether under the provisions of common law marriage, you are indeed determined to be common law married. The way to answer the last question is: Has he held you both out to the public as being husband and wife? Did you file taxes together where it was stated you were the wife? Do you use his last name and sign documents with his last name? On the other hand, there are other issues such as is he the father of the child and if so, there would be child support issues. You will need a lawyer to work with you on most of these issues unless he is willing to go along with your requests.
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