common law marriage question

What is the name of your state? South Carolina

My girlfriend of 3 months is having some problems with her ex and I need to know if anybody can help. She dated this guy for 6 years and has a child by him. When she started dating him he was married, but had been seperated for a few years. Now he states that him and his wife went through the 1 year seperation proceedings, but just never went and got the divorce final. Now this has been about 7 years ago. So now that she's dating someone else he is trying to tell her that they are common law married and she's going to loose her little boy because she's cheating. etc.. Is this possible??????? He has'nt finalized his divorce from his wife yet!!!! Someone please help!!!!
Thanks, David

Something doesn't seem right

I am not a lawyer. Although SC recognizes Common Law Marriage the fact remains that your g/f's former lover remains legally married to his wife. It would be a potentially different matter if her "ex" had a legal divorce from his *wife* in the past, and your g/f and her "ex" held themselves out to the world as a married couple and met the other criteria for a common law marriage, but I'm quite sure that her "ex" cannot claim to have a "common law" and a "legal" (I use this term only to differentiate between the two marriages) marriage at the same time.

This would mean her "ex" would be admitting to bigamy, a crime in all states. Put "Common Law Marriage" into your browser for some general information on the requirements for CL Marriage. Just having a child together does not mean that they were "common law married" because her "ex" is still legally married to someone else.

This does not mean her "ex" cannot try for custody of their child, however. Unless custody and child support has already been established, her "ex" may still try for custody, not because she's "cheating" but because he's the father. I would suggest that unless custody/cs orders are already in place that your g/f file immediately for these orders. In most states this will not require a lawyer, just check your local family court for the forms (the forms will be called something like "Petition for Custody" and "Petition For Child Support") and pay the filing fees. In DE the Custody and CS filing fees were $40 each.

Good luck to you and your girlfriend.

Thank you so much!!!!!! That was kind of what I was thinking, but just needed to hear from someone else!!!!! Thanks again, David

You're welcome

Just be sure your g/f files those petitions ASAP. Does the father of their child give her any money now (in lieu of formal CS)? If he does, that's good, and will probably make formalizing a CS order a lot easier. However, she should be prepared in case the ex counter-"sues" for "joint physical and legal" custody, depending on how involved the father has been in the child's life. He also has the right to formalize his "visitation" rights by a similar petition. However, the ex would have to file this himself.

He, does pay sometimes, but not the way he should. He is also trying to threaten to take their son away. But this is coming from someone who is married to someone else & is on probation for stealing mobile homes! Do you think it would be possible for him to really do anything? Also, do you know if he has to petition the court to legitimate their son in South Carolina?? I know in Georgia he would. He's a real piece of trash!!!!!!! Thanks again, David

I thought that you just hafta put the wheels back on and drive it away.

He would break into a mobile home lot on the weekend and hook up to the trailers and take them. Then he would sell them. Kind of gives a new meaning to trailer trash.
David