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Spousal Support

Discussion in 'Alimony & Spousal Support' started by Ashley Nicole, Feb 10, 2019.

  1. Ashley Nicole

    Ashley Nicole Law Topic Starter New Member

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    Jurisdiction:
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    Hello,

    My by law husband for 30 years has gotten married to another woman while living under my roof in Aug i just found out! Can i sue for Spousal support?

    Thanks,
     
  2. army judge

    army judge Super Moderator

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    You need to hire yourself a divorce attorney who will see that the bum you married will pay for the lawyer's fees, and you'll get that alimony or spousal support you asked about.

    I suggest you then contact your local county prosecutor or police department and report the actions of your spouse.



    2015 Missouri Revised Statutes :: TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS (556-600) :: Chapter 568 Offenses Against the Family :: Section 568.010 Beginning January 1, 2017--Bigamy--penalty.


    You "by law husband", did you mean "common law spouse?
    The State of Missouri outlawed common law marriage in 1921.

    If you and the cad are lawfully wed, then the cad chose to marry another person in August, he's committing BIGAMY.



    (1) Purports to marry another; or

    (2) Cohabits with one whom he or she entered into a bigamous marriage in another jurisdiction.

    2. A married person does not commit bigamy if, at the time of the subsequent marriage ceremony, he or she reasonably believes that he or she is legally eligible to remarry.

    3. The defendant shall have the burden of injecting the issue of reasonable belief of eligibility to remarry.

    4. An unmarried person commits the offense of bigamy if he or she:

    (1) Purports to marry another knowing that the other person is married; or

    (2) Cohabits with one whom he or she entered into a bigamous marriage in another jurisdiction.

    5. The offense of bigamy is a class A misdemeanor.

    Missouri Laws 568.010 – Bigamy — penalty.
    568.010. ...
    (2) Cohabits with one whom he or she entered into a bigamous marriage in another jurisdiction.
    A married person does not commit bigamy if, at the time of the subsequent marriage ceremony, he or she reasonably believes that he or she is legally eligible to remarry.

    » Missouri Laws 568.010 – Bigamy — penalty.LawServer
     
  3. adjusterjack

    adjusterjack Super Moderator

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    What do you mean by that? I don't want to assume anything.
     
  4. Ashley Nicole

    Ashley Nicole Law Topic Starter New Member

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    Yes by common law ive heard many different stories about how common law works. Says it was weighed out decades ago but ive heard certain stories where it still has a outcome! I plan on speaking with a lawyer face to face tomorrow. He married a illegal to so if i can do anything to make that fail let me know ;)
     
  5. army judge

    army judge Super Moderator

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    I will withhold further comment and allow you to seek information from a licensed MO lawyer.

    Once you dump this loser, don't allow anyone to live under your roof unless it is a minor child or a person to whom you are lawfully wed.

    I feel your pain, no one needs a blood sucking leech.
     
  6. zddoodah

    zddoodah Well-Known Member

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  7. Sean Smallwood

    Sean Smallwood New Member

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    You will need to make sure that your state recognizes common law marriage as many states no longer recognize this such as my home state of Florida. If it does, you will want to carefully examine the statute that addresses common law marriage in your state as the state statute will spell out the specific factors that you need to prove in order to get a court to make a finding that you, in fact, had a common law marriage. If it appears that your situation meets the criteria then you will need to seek out an attorney who has extensive experience with proving up common law marriages. Do not just pick a lawyer out of the phone book as not everyone who can afford to advertise knows what they are doing and this kind of case can get messed up very easily!

    Never try to represent yourself. These types of cases are too involved and you may need to take immediate action to preserve your claim. Hope this helps.
     
  8. zddoodah

    zddoodah Well-Known Member

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    Every state recognizes common law marriages -- as long as a common law marriage was formed validly under the laws of a state that allows for the formation of common law marriages. What you likely intended to say is that many states don't allow the formation of common law marriages. In fact, only around 8-10 states still allow it. And, as explained in my response 10 days ago, the OP's state, Missouri, has not allowed the formation of common law marriages for nearly a century.
     
    hrforme likes this.

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