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How do you seperate (divorce) after only living together?
How and what happens if you split up after 4/5 years of living together. Who gets what. How is it figured. Who gets the kids and who pays child support?
9 Answers
- ♥ terry g ♥Lv 71 decade agoFavorite Answer
If you can't come to some agreement between yourselves there are many mediation programs available to help. If that doesn't work you may want to contact an attorney, especially when it involves the kids. Usually whoever keeps the kids on a full time basis receives child support and the other person pays it. I had a friend who kept the kids every other week and had a no child support agreement because they shared equal responsibility and expense. Be sure to put the needs of the kids first. They deserve no less than that. Best wishes.
- 1 decade ago
Well good luck with this one. Basically you COULD BE considered Common Law, depending on what state you live in, (only 13 states still recognize it) but in order to prove common law you will have to meet specific requirements, if you are granted a common law marriage you will have to get a divorce. If not, you work it out amongst yourselves. If you can't agree on Custody/ Child support issues, you go to court to determine that, unless the mother is unfit, or gives up, she'll usually get custody, but if there's no problems with the man there's no reason why he shouldn't be able to get joint custody, providing him more time with the kids than standard issued and based on the number of overnights per year, possible less child support. I don't know which side you're coming form here, but basically unless you can prove common law marriage, what's in your name is yours and anything you bought together that is paid for, pick what you want and take it, anything you had before you got together is yours. If you take something that the other wants, the only way they're going to get it back is small claims court.
- Anonymous1 decade ago
You don't get a divorce after living together because a divorce is a disillusionment of marriage...no marriage so no divorce. Only living together sort of limits what you can get.or what you are left with. If you entered the living arrangement with nothing, that is pretty much what you are going to get, unless the two of you contracted together on certain items...if you purchased a house together then you're going to have to go to court. If it is just rent that you share...well someone is going to get stuck with fullfilling the lease which might not be easy depending on whether they could afford to rent on what they bring in alone to begin with. As far as child support and custody that has to be hashed out in family court.
- kpLv 71 decade ago
In response to the common law marriage answers—if you live in the U.S. there are only about a dozen states that still recognize common law marriage. If you live in a state that does recognize it and you meet the requirements for it (and there are more requirements than merely having lived together), then you’ll have to get a divorce. If you don’t live in a state that recognizes common law marriage then no matter how long you live together, you aren’t considered married, so, of course, there is no divorce required.
You do need to get custody and child support issues legally settled.
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- 1 decade ago
just take what ever you need to get started if you both separated on good terms then it's easy, but if you leave on bad terms then your gf or bf is suppose to split ever thing with you or pay what you think it's worth to the other person. child support gets paid to the other parent that does not have primary custody of the kids (meaning where the kids would be living) and usually the mom gets the kids,if she can take care of them
Source(s): i went through it after 3 years i left with i came with . i had no kids with him - 1 decade ago
you have to sort this out with the other party. Normally Mother get the kids and if the kids birth cert has your name on it.. the mother has the right to request monthly child maintanance from you through the court. as for other $$$ issue e.g car, house, saving account (joint)..if you both cannot sort it out, then you have bring it to court.. Good Luck,, and remember it always the kids who suffer the most when u spilt up.
- 1 decade ago
In most states that is considered common law marriage, and you can still file for divorce. I would contact a lawyer, or legal aide office to make sure. Good Luck.
- 1 decade ago
i would use a mediator. a mediator will help you set up division of property and joint assets. if this is non adversarial. child support and custody is handled through the courts. best of luck to you.
Source(s): mediationnow.com - Sally GLv 51 decade ago
You were not married, so you have to settle who gets what among yourselves.
As far as child custody and support, if you can't agree on that between yourselves, you will have to go to court to settle it.
Good luck...you're going to need it!