WRONG. You were not common law married for five years before you got married three years ago. You have been married for THREE YEARS.
What is the name of your state (only U.S. law)?
I plan on getting a divorce from my alcoholic husband of 3 yrs (common-law for at least 5 yrs before that).
What proof do you have that he is verbally, emotionally and mentally abusive? I notice you have not alleged PHYSICAL abuse.
He can be verbally, emotionally and mentally abusive at times. I have one 3.5 year old daughter. She is starting to be affected by him.
How long have you lived in an extended stay hotel? Does he work? When was the car bought? How was it paid for?
We live in an extended stay hotel (his choice - but in my name because he does not have a valid DL or ID) and have one car in my name. I have a job and all of us are on insurance through this job.
When did you come back? Why?
I did leave him once last year and went to a shelter - had no job and no money.
The child was born before the marriage? Did he sign the AOP? While you work where does your (plural) child stay?
Should I file before I leave him or just leave him first? I don't want him to try and take my (our) daughter.
Where do your parents live?
Don't really have any money saved up right now for a lawyer. Plan on seeing if I can move back in with parents, but they don't believe in divorce and probably won't let me stay.
I'm scared to leave and scared more to stay.
Again, should I file first or leave? If I just leave, how do I make sure he doesn't take my daughter and leave the country with her.
Does your child have a passport? Why do you believe he will leave the country? Does he have notarized permission to leave the country with the child? What country would he go to? Why do you think that?
First answer my questions.
I don't know what to do!!!!
Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.
Attorney-GAL in Ohio.
I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.