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Im filing for a divore and here is no marriage license can be found but there was a wedding in june 1987. my soon to be ex- husband refuses to sign and been and has been annoying any of the legal paper works for 18 months. If there is no records of the marriage in the court systems what I am to do next,, would this go under the common and since he is annoying the legal paperwork would I just get a divorce base on a no answer from that him. Help... I don't think my lawyer I hired is doing enough; he says the courts will have to decide .
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If you were married prior to 2005 and it wasn't official, it still could count as a common law marriage--especially since you both conducted yourselves as husband and wife.
That being said, the traditional divorce route is the best way to go. If you can establish that your husband committed any kind of marital fault--adultery, abuse, indignities, etc., you could have your divorce sooner. If you cannot, you will have to wait 24 months after he was served with divorce papers to finalize the divorce, whether he signs or not.
Answered on Mar 03rd, 2014 at 3:09 PM