Legal Question in Family Law in Maryland
Common Law Marriage
I have been with my spouse for 14 years and we have 4 children, he worked and I stayed at home as agreed.Now I am ready to get out of the relationship I would like to know what are my rights for financial support. Does my state allow common law wives to get support and what paper work would i need to file? My next question is if only three of my children are biologically his but he has been taking care of my fourth child since he was one years old and agreed to support him can I file for child support for all of them or just the 3 that are his? and my last question is would he be entitled to all of our belongings or would they have to be split up between the two of us?can you also tell me how to go by getting full custody of my children?
1 Answer from Attorneys
Re: Common Law Marriage
Maryland does not recognize a common law marriage from its own origin (that is a common law marriage claimed to arise under Maryland law.) But, Maryland does recognize a common law marriage that was complete in another state (that is the two of you were residents in a state that has a common law marriage law and all aspects of the law were satisfied to cause a common law marriage to exist.) Whether a common law marriage exists or not, equitable matters exist.
Child support is effective from the date of filing a petition for child support. Several factors exists concerning matters of paternity. You should contact an attorney to assist you with the petition.
Depending on the extent of marital relationship (as indicated in my first paragraph), assets and debt would be treated under the marital property provisions of Maryland's statute. As indicated, equitable assertions would apply. These matters should be discussed with an attorney.
Custody is acquired through legal process. There are two aspects of custody: physical and legal. A multitude of factors as established in case law apply.
Contact me should you require legal assistance.
Joe Holthaus (410) 750-2567.
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