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**ex filed for divorce based on common law marriage**

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What is the name of your state (only U.S. law)? Georgia

Hello, my ex filed for divorce based on common law marriage, beginning in 1994, which is before GA stopped recognizing common law marriage. Anyhow, we were never married, but we did file taxes as married. It was known between us, but now she is just wanting money. Our son lives with her and our daughter lives with me.

I believe she had Medicaid in 1996 when our last child was born. How can I get a copy of this application where she would have claimed to be single?

Also, any other suggestions on how to prove there was no marriage would be appreciated. To give a short background:

She left me and moved directly in with another man whom she had been seeing for a while we were together. She filed a protective order on me a couple weeks later. I was forced to leave my house for a month, while still paying all of the bills, plus hotel room costs, plus the payment on my car that she was driving. Anyhow, we went to court and the judge dismissed the order, so I got to go back home and she voluntarily left and moved back in with the other man. Then, she filed for a Divorce. I responded that there wasn't a marriage. Now we have gone through mediation, the discovery, and now I'm assuming any day I'll get notice we are going to court. Any advice would be appreciated.

Thanks! :(
 


mistoffolees

Senior Member
You can't get the application directly. You'd have to ask the court to order her to produce it in discovery.

I'm not sure it's going to matter. You moved in together in 1994. She said she was single in 1996. Were you filing joint tax returns in all the years after 1996? That would presumably take precedence.

But you might want to think this one through. If you try to claim that you were never married to her (common law or otherwise) yet you signed tax returns as married, you could be setting yourself up for a felony tax evasion charge. Is it worth spending time in jail just so you can say you were single?
 
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Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Georgia

Hello, my ex filed for divorce based on common law marriage, beginning in 1994, which is before GA stopped recognizing common law marriage. Anyhow, we were never married, but we did file taxes as married.
Guess what -- you were common law married. Congrats. You are now going to get divorced.

It was known between us, but now she is just wanting money. Our son lives with her and our daughter lives with me.
Really?
I believe she had Medicaid in 1996 when our last child was born. How can I get a copy of this application where she would have claimed to be single?
You really want to go that route? If you try it, look at facing tax fraud charges -- criminal. Because you filed as married. Hey that is a crime if you are not married. And you participated in the fraud at that time since you know that she was getting medicaid and you know your child was on medicaid. You really want to prove your participation in a crime -- the tax fraud would be a bigger crime.
Also, any other suggestions on how to prove there was no marriage would be appreciated.
And prove that you committed a crime and should be in prison?

To give a short background:

She left me and moved directly in with another man whom she had been seeing for a while we were together. She filed a protective order on me a couple weeks later. I was forced to leave my house for a month, while still paying all of the bills, plus hotel room costs, plus the payment on my car that she was driving. Anyhow, we went to court and the judge dismissed the order, so I got to go back home and she voluntarily left and moved back in with the other man. Then, she filed for a Divorce. I responded that there wasn't a marriage. Now we have gone through mediation, the discovery, and now I'm assuming any day I'll get notice we are going to court. Any advice would be appreciated.

Thanks! :(
You had the ABILITY to be married, you held yourself out as married AND you lived together. Guess what? That has all the makings of a common law marriage. Good luck proving your criminal ways.
 

nextwife

Senior Member
So WHICH are you alledging: That your tax filings were fraudulent, or that you weren't holding yourselves out as married?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Georgia

Hello, my ex filed for divorce based on common law marriage, beginning in 1994, which is before GA stopped recognizing common law marriage. Anyhow, we were never married, but we did file taxes as married. It was known between us, but now she is just wanting money. Our son lives with her and our daughter lives with me.

I believe she had Medicaid in 1996 when our last child was born. How can I get a copy of this application where she would have claimed to be single?

Also, any other suggestions on how to prove there was no marriage would be appreciated. To give a short background:

She left me and moved directly in with another man whom she had been seeing for a while we were together. She filed a protective order on me a couple weeks later. I was forced to leave my house for a month, while still paying all of the bills, plus hotel room costs, plus the payment on my car that she was driving. Anyhow, we went to court and the judge dismissed the order, so I got to go back home and she voluntarily left and moved back in with the other man. Then, she filed for a Divorce. I responded that there wasn't a marriage. Now we have gone through mediation, the discovery, and now I'm assuming any day I'll get notice we are going to court. Any advice would be appreciated.

Thanks! :(
The bolded is a huge indicator of a common law marriage...and a huge problem if you prove that you were not married.

On top of that if you prove that she claimed single when applying for welfare benefits, then you prove that you BOTH committed welfare fraud...because you were living in the home. Married or not if she claimed single it was fraud on both of your parts.

You are in a no win situation here, and it would be far safer, and less costly in the long run, to simply except that you were married under common law.
 

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