Legal Question in Family Law in California
Dose calif have a common law marriage rule/law
after 8 1/2 years and two children together he walks out the door says he need to persue his religion and not being married we were living in sin. he leaves me hi and dry with four children two from a previous marrage and our two no income and no education.
we lived/live with my parents!
in 1998 he was in an auto accident so for the past two years we/hes had an on going law suit. we were supposed to but a house with his settlement and live happlier ever after. whell six months after he setteled out of court for 100,000. hes quite happy acting as if we never exsisted of course i can sue for child support for his two children but what about the other three of us who depended on him all these years.we lived as a family all this time i never exspected this to happen.
finacially and emotionally he has taken our lifes away
our dreams and hopes and future walked out the door right along with him.
what legal grounds do i have if any?
can i file a briech of promise to marrie?
can i sue for the emotional damage?
how can he get away with not being responsable after all these years living as a family?????????
1 Answer from Attorneys
Re: Dose calif have a common law marriage rule/law
You can get child support for his two children. As far as the other children you will need to go after their biological father.
As far as you non-married status, that's too bad, if you had been married you might have been entitled to spousal support but since you were not married, you lose on that one. The controlling case in your situation is Marvin v. Marvin. If you can prove that there was an oral or written contract between you than you might be entitled to recovery that way. Emotional distress is out. Otherwise everyone would sue for that when they breakup!!
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