QUESTION
Do I have to divorce her or since she committed adultery and include him?
Asked on Jan 10th, 2013 on Divorce - California
More details to this question:
My common law wife of 6 years has left me and is now with a man who has money.
16 ANSWERS
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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The Ticktin Law Group
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Without more information, I cannot fully answer your question. Florida does not recognize common law marriages entered into after 1968. If the common law marriage was entered into in another state which does recognize common law marriage, then Florida will usually recognize the marriage, and in that case you would need a divorce. Florida is a no fault state, meaning that there are no longer causes of action for divorce, i.e. adultery, but rather that the marriage is irretrievably broken.
Answered on Jan 15th, 2013 at 8:42 PM
If you were not legally married then a dissolution is not required. If you did need to file for dissolution her actions would not be relevant and he would not be a party as dissolution in this state is no fault.
Answered on Jan 15th, 2013 at 7:13 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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As the old saying goes, all a person ever had to do is pay taxes and die. If you do not want to divorce her, then don't.
Answered on Jan 14th, 2013 at 8:46 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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There is no common law marriage in Arizona so it appears as though you do not have to file for divorce.
Answered on Jan 12th, 2013 at 7:45 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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To my knowledge, Michigan does not recognize the concept of a common law wife. Therefore you do not have to divorce her.
Answered on Jan 12th, 2013 at 7:45 PM
Divorce Attorney serving Southfield, MI
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Do It Yourself Divorce, PLLC
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In Michigan Common Law marriages do not exist and have not existed since 1956.
Answered on Jan 12th, 2013 at 7:45 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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There is no such thing as a common law wife in California.
Answered on Jan 12th, 2013 at 7:42 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Wisconsin has not recognized common law marriage for many years. There are some highly technical exceptions and ways to get around this, but for most people a divorce court may not exercise any jurisdiction to dissolve a common law marriage. In any case, Wisconsin courts are not interested in the personal morality of the parties to a marriage.
Answered on Jan 12th, 2013 at 8:25 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Common law marriage has not been recognized in Ohio since 1991, so you are not legally married.
Answered on Jan 12th, 2013 at 8:21 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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There is no common law marriage in WI.
Answered on Jan 12th, 2013 at 8:21 AM
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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No such thing as a common law marriage in MS, unless you have been together since before it was abolished in the 1956. If no marriage no divorce. If married and she does not have grounds she alone can not secure a divorce. You would have to agree.
Answered on Jan 12th, 2013 at 8:20 AM
Michael Paul Vollandt
No such thing as a "common law marriage" in California. Maybe she will come back when he goes broke.
Answered on Jan 12th, 2013 at 8:20 AM
Child Custody Attorney serving Oklahoma City, OK
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Carla L. Robey-Harcourt Attorney at Law
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Yes. To dissolve a marriage, divorce must be filed and a Decree entered. The only parties to a divorce are the parties that are married.
Answered on Jan 12th, 2013 at 8:19 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If you believe there is a common law marriage, you need to get a divorce because there is no such thing as common law divorce. Since it doesn't sound like she believes there is a common law marriage, there may not be one. You will never know for sure whether or not you have a common law marriage until a judge rules one way or another. So, unless there is something you want or need to get decided based on the results of your relationship, it would not appear necessary for you to file for a divorce. You need to discuss things in person with a lawyer who can better explain your options and reasonable expectations.
Answered on Jan 12th, 2013 at 8:19 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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CA has no common law marriage. So no divorce. Also CA is a no fault state, so court doesn't care if she had an affair.
Answered on Jan 12th, 2013 at 8:16 AM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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Louisiana does not recognize common law marriages.
Answered on Jan 12th, 2013 at 8:16 AM