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The Water Cooler
General Discussion
Am I Married...Legally???
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<blockquote data-quote="henschman" data-source="post: 2752136" data-attributes="member: 4235"><p>What coded-dude posted is the correct analysis, and is how a Court would decide it. There has to be pretty compelling evidence that your minds both met in intent to be married at some point, that you held yourselves out as married (not just "as a couple," but a permanent, exclusive relationship), and that you lived together as man and wife. Things like a joint return are evidence, but are not dispositive. </p><p></p><p>Based on everything you said, I don't think any court would find that you are common law married. </p><p></p><p>As to the kids, once paternity is determined, you have the same rights to custody and visitation as you would if you were married to the mother. If both parties are fit parents, the court will almost always order joint custody.</p><p></p><p>I really hope you don't need any of this advice man.</p></blockquote><p></p>
[QUOTE="henschman, post: 2752136, member: 4235"] What coded-dude posted is the correct analysis, and is how a Court would decide it. There has to be pretty compelling evidence that your minds both met in intent to be married at some point, that you held yourselves out as married (not just "as a couple," but a permanent, exclusive relationship), and that you lived together as man and wife. Things like a joint return are evidence, but are not dispositive. Based on everything you said, I don't think any court would find that you are common law married. As to the kids, once paternity is determined, you have the same rights to custody and visitation as you would if you were married to the mother. If both parties are fit parents, the court will almost always order joint custody. I really hope you don't need any of this advice man. [/QUOTE]
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Am I Married...Legally???
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