My wife has been have sexual inter course for over 3 yrs n we have a son together
Sit diwn with a lawyer to discuss whether you are common-law married, then discuss your options.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
Have you filed taxes together as married? As indicated, you might be considered as common law married. If you split up, the possibility that you are common law married now would be a serious problem in the future.
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First, you refer to her as your wife, which would be considered "holding out" or presenting yourselves as married. This is a sign that you might be, as the other attorneys said, common law married. If so, you will need to be divorced through the courts.
Contact a local attorney to find out more information about whether you are common law married and what you will need to do to dissolve the union legally and to obtain the necessary orders for the care of your child.
You need to speak with an attorney because this issue is very fact specific. Use the tab above to locate an attorney in your area.
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