married 24 may 1997...left him 18mos later, due to 17 incidents of domestic abuse; including a broken nose. I moved back to n.h., because my kids were there. it was incredibly difficult living in that situation,because I am white and he is Mexican. his family just dismissed his abuse as."thats junior. he always hits the girl he is with" we had no property, no children. I have never gotten a divorce, because I could never afford it and have no desire to get married again. I am now 60, a grandmother for the first time, and I want my name back. how can I get this done
No common law divorce exists, but after two years from date of separation there is a rebuttable presumption that a common law marriage did not exist, I believe. Family law counsel should be consulted ASAP. To get divorced you must file a petition in a court.
While we have common law marriages in Texas we do not have common law divorces. If there are no children of the marriage and no property to be divided there is a very simple way to divorce your husband. However, since it has been over 7 years since you separated and neither of you filed for divorce within a 2 year period starting with the date of separation I don't beleive you need a divorce. If there were children or property my answer might be different.
There is no such thing as a common law divorce. If you were married and never divorced, you are still married. Hire a lawyer and file for divorce. If you die still married, guess who gets your property?
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