Common law marriage and legal seperation

[jo11775]

What is the name of your state? Ohio
I just have a few questions. !st- My husband and I will be married for 13 years in november,however, we have been sererated now for a year and a half...well it will be 2 years in december. We have not had a sexual relationship since then. We both carry on different lives and comunicate for the childrens sake. We get along well. Are we legally seperated?

2nd- Is there such a thing in Ohio as common Law marriage? If so could someone explain this to me?

[LdiJ]

Originally Posted by jo11775

What is the name of your state? Ohio
I just have a few questions. !st- My husband and I will be married for 13 years in november,however, we have been sererated now for a year and a half...well it will be 2 years in december. We have not had a sexual relationship since then. We both carry on different lives and comunicate for the childrens sake. We get along well. Are we legally seperated?

2nd- Is there such a thing in Ohio as common Law marriage? If so could someone explain this to me?

Why are you asking about common law marriage?

[BelizeBreeze]

Originally Posted by jo11775

What is the name of your state? Ohio
I just have a few questions. !st- My husband and I will be married for 13 years in november,however, we have been sererated now for a year and a half...well it will be 2 years in december. We have not had a sexual relationship since then. We both carry on different lives and comunicate for the childrens sake. We get along well. Are we legally seperated?

2nd- Is there such a thing in Ohio as common Law marriage? If so could someone explain this to me?

No and No .....
Now, what the hell is the real story?

[jo11775]

Well I was asking about common law marriage because of the fact that my mother and father lived together for several years but were never really married, but they had to get a divorce!!!! I was told they had a common law marriage.

[frankrozanc]

Actual, physical separation IS NOT a legal separation. A legal separation does not end the marriage, and divides all of the property and debts of the parties, as well as allocating parental rights, and establishing child support. As to your common law qustion, common law marriage was outlawed by the Ohio General Assembly in 1981.

[BelizeBreeze]

Originally Posted by jo11775

Well I was asking about common law marriage because of the fact that my mother and father lived together for several years but were never really married, but they had to get a divorce!!!! I was told they had a common law marriage.

Listen, how about FULL facts.

When were they 'living together'?

For how long?

When was the divorce?

Where did the divorce take place?

Get the point?

[jo11775]

Yea I got the point......but i also got my question answered without having to give step by step information, but since you must know...they lived together in Ohio from 1974 till 1980 moved to Texas for about a year then moved back to Ohio where they lived together until 1996 then seperated and got a divorce in 1996. My father then moved away and passed away in 1998.The Divorce was in ohio. I hope this helps.

[rmet4nzkx]

Originally Posted by BelizeBreeze

Listen, how about FULL facts.

When were they 'living together'?

For how long?

When was the divorce?

Where did the divorce take place?

Get the point?

Here is the rest of the story from
[url]http://forum.freeadvice.com/showthread.php?t=269568[/url]

Originally Posted by jo11775

What is the name of your state? Ohio

O.K here's just a quick story. I was married for 12 years. I am now seperated and am living with someone else. My mother and my sister and other members of my extended family do not like the person that I live with or the fact that I divorced. They have made false reports to children services and to the police department about things that are supposed to be happening in my household, all of which are lies. I continue to live with this and it is affecting my children who are 8 and 14yrs of age. How do I stop this? Do I have a legal suit? Please help. Any advice will be appreciated. Feel free to E-mail me also. [email]jo11775@aol.com[/email]
......8-25-5
This is an update on what is happening to me now. I have a 3rd cousin who up until three days ago, was staying with me in my home. This person is a boy 19 years of age. He has been in detention centers most of his teen years for things like truancy and stealing and drugs. In my opinion this was partly due to his mothers lack of caring and the fact that his parents divorced. He hung with the wrong crowds in our small town. He was released out of a facility in April with no where to go. Both his mother and father have remarried and have other children, so he basically got pushed to the side with no where to go. I agreed to help him get straightened around, get his liscense, GED and job...well of course my family didn't think this was a good idea since he was "a trouble maker" now remember these are the same family members that I have been arguing with. He started staying with me the end of may. He has learned alot and helps me out quit a bit. He is working on his GED ...he got his permit and also a job while with me. He has been drug free...his Parole officer said it was in his best interest to stay with me and continue the good work . That was up until last week when he recieved a call from his p. officer telling him he had had a complaint and that he should leave. Well when we figured out what the problem was...it was clear that it was again my family. My mother and sister called the parole officer and the children services and stated that the only reason that he was staying here was to have sexual relations with my 14 year old daughter. I could not believe this. now what do I do?. There is absolutely nothing like this going on in my home!!! He and my daughter have become more like brother and sister. So now he has had to leave...the only place that he has left to stay is in a trailer beside his great aunt and uncle which has no furniture...and he has no way to work. This has caused sever stress on me and my daughter. Is there anything that Him or I can do to stop all this crap from happening? I'm sorry for my grammer....just a little shook up Please help p.s we have not talked with my mother or sister for almost 6 months and neither of them have been to my home since he has been here so how could they possibably know what is going on in my home?

OP,
Your parents had a legal common law marriage in both OH and TX and thus required a divorce.

You on the other hand are not legally separated, while you have "grounds" for divorce, you are not divorced. What ever is going on in your house is very likely going to affect adversely affect both your divorce and custody of your children. Here are some of the grounds for Divorce in Ohio.

Ohio law permits the granting of a divorce only upon a finding by the court that there are statutory grounds to terminate the marriage. This means one of the parties must file for divorce, it doesn't just happen because you live apart. There must be testimony by the plaintiff and a corroborating witness (or an admission by the other spouse) as to these specific grounds, which exist in your case.

Ohio has both "no-fault" and "fault" grounds for divorce. The "no-fault" grounds include "incompatibility" and "living separate and apart without cohabitation for one year." There are nine "fault " grounds in Ohio. These "fault" grounds include:

1. another spouse living at the time of marriage (bigamy);
2. willful absence of a party from the marital home for one year;
3. adultery;
4. extreme cruelty (defined as "acts conduct calculated to destroy the peace of mind and happiness of one of the parties to the marriage");
5. fraudulent contract (i.e. a party was induced to enter the marriage as a result of a fraudulent representation that materially affects the essential elements of the marriage;
6. gross neglect of duty (i.e. acts that constitute an omission to perform a legal duty, such as a failure to support the family);
7. habitual drunkenness;
8. imprisonment of the adverse party in a state or federal institution at the time of the filing of the complaint; and
9. an out-of-state divorce.

[jo11775]

thank you very much now can you also answer my questions about slander? "Do I have a case?"

[rmet4nzkx]

Originally Posted by jo11775

thank you very much now can you also answer my questions about slander? "Do I have a case?"

You don't have a case, you need some common sense and a family law attorney.