Legal Question in Family Law in Massachusetts
Legal marriage
After 26 yrs of marriage my wife wants a divorce. It appears we never got a marriage license. Are we legally married? Our main asset is the house, value 320K. Due to many circumstances our finicial situation has flip-flopped, she earns 73K, I earn 24K.
That probbably will not change.
My name & her name are listed on the Deed as MRS ----------. If there is no MRS---------. What is the status of the deed? And what are my options?
Are there back tax issue? We always filed married?
Medicial benefit issues? We always had a ''family plan''.
2 Answers from Attorneys
Re: Legal marriage
I do not undestand.
You went through a marriage ceremony and a marriage certificate was issued?
I would need more information about this issue.
The martial status and the specific language of the deed will determine part of the issue. If you are legally married, then the issue of property division takes on posture. If you were not validly married, other issues are raised.
As a whole, these consecutive issues would have to be examined sequentially.
If you want assistance or have further questions, contact me.
Re: Legal marriage
This is a tough situation. If you are not leally married, then you have a potential equity action called a petition to partition on joinlty owned property. It may be better for you to be married, and, perhaps there may be a method whereby a certification may be able to be issued, and dated, today with retroactive effect. The matter warrants some intial research and review. I would be happy to speak with you about this further if you like. Also, you may have an alimony claim based on the dispartiy of earnings, but I would need to know additional facts before I could give a more concrete opinion.