this may have been going on for 10 years, he is a pilot, and there have been other women. I have had no travel benefits nor my family, while he has been giving plenty of them to his women friends' family. He has been paying 1300 a month while my house has deteriorated. our house, our family's home. do i have claim to all of this that i've lost over the years? without necessarily filing for divorce?
I am very sorry to read your story. There is no common law marriage in Massachusetts. The only way you can be compensated for what your husband has spent in furtherance of his infidelity is to file for divorce, and you could be compensated as part of the division of the marital estate, or alimony, or both. You mention bigamy, are you alleging that he married one of the other women, or did you think we could be considered a common-law husband for one (or more) of them?
Atty. Reade is correct that Mass. does not recognize common law marriage, and neither does NY. Only a few states do. I agree you should begin divorce proceedings, and his penalty can be achieved through property division of the marital assets here, and perhaps alimony. He may be facing divorces elsewhere, so you might want to get to court first. Sounds like you can make a strong claim on conduct and financial contribution to the marriage that hopefully will result in a favorable property division and/or alimony for you. Since you ask if this can be done without divorce, I suppose I detect some reticence. While there might be other litigation alternatives on a fraud theory if your marriage was after the others, the Probate & Family Court and a divorce action will be your best and preferred forum because of the very specific rights divorce law will provide you and because of the expertise of the judges in handling delicate, yet complicated, matters such as this.
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