Legal Question in Family Law in Illinois

need several different legal questions answer..ben living with boyfriend for 10yrs. i was married(seperated) at time we got together, after bein together for almost 2yrs i became pregnant w/our 1st child, i tried several times to get my ex to sign divorce papers, he refused. my lawyer finally made him see the light..at time i lived in iowa.. state of iowa says as long as we are stil legally married he is legally responsible for any children i have until can be proven different.. finally divorce becomes final..our child was 1 1/2yrs old by then. we now have 2children, oldest 7yrs old..youngest 8months old. this relationship is very verbally, mentally, & emotionally bad bad. no physical violance. i need out of it... he works good job lotta hrs. i'm lucky if i get 30hrs every 2wks. have hard time getting sitter for kids..i have no savings, no car of my own.. everything is his, which he likes shovin it in my face every chance he gets. i need to know best way to get out of relationship before kids hafta listen to anymore yellin, screamin & cryin. like to know how to establish parental rights, visitations, child support, custody. the whole nine yards basically. i'm not real book smart. he is & i know he will use every angle to get any & everything he wants. a friend told me that since we have lived together this long we are common law married. are we?? i know i have long drawn out question but i need any/all information/advise i can get... please if you can help point me in the right direction i would greatly appreciate it very very much. thank you


Asked on 4/04/10, 12:27 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

If you live in Iowa - you have asked the wrong state. I do not believe Iowa has common law marriage. Illinois has not for over 90 years So no, you are probably not married. You need to seek support for him for your children. From what you seem to say child no. 1 is legally Dad #1s. So you and boyfriend have only 1 child. All you are entitled to is child support, Nothing more other than any property in your name or jointly owned by you and boyfriend. See an atty.

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Answered on 4/09/10, 2:33 pm


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