He doesn't believe You?

What is the name of your state? CA
I asked you guys earlier about California being a common law state and you said NO... I was married to my now husband 5 days before my divorce to my first husband was final. I told him I thought if we left it this way with out getting or filing for the pro tunc nunc (I think I'm close) that if anything were to happen to our marriage or if he were hurt naming his wife for Insurance purposes (he works for fire dept) I would be in trouble.. If we were to part I told him I wouldn't get anything from him such as retirement, alimony etc...
He says that is B.S b/c of what that attorney told me, which was we were common law being together for 20 years... Is there something I can find on the net to show him you are correct? Like a web site that you know of?
I am temp. disabled right now so I worry, that I will be on the streets if something were to happen between us.. We are not thinking divorce but the matter has come up before.. I would rather be prepared then be homeless.....
Thanks Theresa....

Theresalee said:

What is the name of your state? CA
I asked you guys earlier about California being a common law state and you said NO... I was married to my now husband 5 days before my divorce to my first husband was final. I told him I thought if we left it this way with out getting or filing for the pro tunc nunc (I think I'm close) that if anything were to happen to our marriage or if he were hurt naming his wife for Insurance purposes (he works for fire dept) I would be in trouble.. If we were to part I told him I wouldn't get anything from him such as retirement, alimony etc...
He says that is B.S b/c of what that attorney told me, which was we were common law being together for 20 years... Is there something I can find on the net to show him you are correct? Like a web site that you know of?
I am temp. disabled right now so I worry, that I will be on the streets if something were to happen between us.. We are not thinking divorce but the matter has come up before.. I would rather be prepared then be homeless.....
Thanks Theresa....

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My response:

California law does not recognize the concept of "common law marriage": A valid marriage cannot be created in California solely by the parties' consent or mere cohabitation. [Ca Fam § 300; Norman v. Norman (1898) 121 Cal. 620, 628, 54 P 143, 145-146; Centinela Hosp. Med. Center v. Super.Ct. (Willis) (1989) 215 Cal.App.3d 971, 975, 263 Cal.Rptr. 672, 674]

Family Code property and support rights and remedies are predicated on the existence of a valid marriage or, if an invalid marriage, "putative spouse" status. Moreover, simply living together as husband and wife cannot give rise to a "marriage" under California law; the concept of "common law marriage" has long been abolished in California. [Maglica v. Maglica (1998) 66 Cal.App.4th 442, 448, 78 Cal.Rptr.2d 101, 103]

Consequently, nonmarital cohabitation does not itself give the parties any property interests or support rights cognizable under the Family Code; and, unless either party can prove he or she is an "actual" or "putative" spouse of the relationship, any rights arising from the relationship cannot be adjudicated in a Family Code marital status action. [Marvin v. Marvin (1976) 18 Cal.3d 660, 679-681, 134 Cal.Rptr. 815, 828-829, & fns. 17, 18 & 19; Schafer v. Super.Ct. (Christopher) (1986) 180 Cal.App.3d 305, 309, 225 Cal.Rptr. 513, 515]


IAAL

Thank You I will print this out and show it!!!!! and Thanks for not being mean too !!! Theresa

Theresalee said:

Thank You I will print this out and show it!!!!! and Thanks for not being mean too !!! Theresa

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My response:

Yes, but you're also not married. Your marriage is invalid. Remember, you said, "I was married to my now husband 5 days before my divorce to my first husband was final."

You can't even claim "putative spouse" status because you knew, at the time you said "I do", that your Dissolution wasn't "final". So, you're pretty much screwed.

IAAL

I AM ALWAYS LIABLE said:

My response:

Yes, but you're also not married. Your marriage is invalid. Remember, you said, "I was married to my now husband 5 days before my divorce to my first husband was final."

You can't even claim "putative spouse" status because you knew, at the time you said "I do", that your Dissolution wasn't "final". So, you're pretty much screwed.

IAAL

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https://forum.freeadvice.com/showthread.php?t=229243
As it turns out there was an error on her final decree dates, someone counted 6 months wrong, crossed out the correct date that she had gone by and entered the wrong date. OP had her hearing with the judge today by telephone (ADA accommodation under Ca ruls 989.3) and the Nunc pro Tunc is now signed by the judge so she is not screwed afterall. Since OP is disabled not losing her entitlements is very important. She had not known the details yet of the original decree error for sure when she posted this question and started another thread.