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domestic partnership

Legal Lines Blurred In Cases Of Marriage Equality For Same Sex Couples

State: 
Georgia

Same Sex Divorce Issues Show Why Marriage Equality is THE Civil Rights Cause of the 21st Century

Common Law Marriage, I lived with my girlfriend in Texas for 7 years. We moved to CA about 2 years ago. Know we are breaking up, I'm giving her half of hour assets but she is being told by a lawyer that she should get support also. Is she entitled to ...

State: 
Texas
Question: 
Common Law Marriage, I lived with my girlfriend in Texas for 7 years. We moved to CA about 2 years ago. Know we are breaking up, I'm giving her half of hour assets but she is being told by a lawyer that she should get support also. Is she entitled to support?
Answer: 

The state that you file for divorce determines the divorce law that applies to your case. While California and Texas are both community property states, both states also recognize the necessity of awarding spousal support. For example, in California a judge considers what each of the spouses are able to earn to maintain a standard of living similar to the one they grew accustomed to during the marriage. The judge examines the skills of the spouse asking for support and the job market available for those skills. In addition, the judge will consider time spent out of the workforce if a spouse devoted time to maintain the household or raising children instead of advancing his career. The court will also consider the length of the marriage.

For more information about how a court determines whether to award spousal support, see http://www.courts.ca.gov/1038.htm. In addition, read http://www.freelegalaid.com/nav/california/divorce-and-family-law/article/alimonyspousal-support-california for additional information about spousal support in California.

Attorney: 
elizabethcarlsen

My Fiance and I both had our name on the title to my car. While I was told that he took it to the shop to get worked on, it turns out he sold it. Without my knowledge, permission, or signature. He never gave me any money from it, instead used it to & ...

State: 
Oregon
Question: 
My Fiance and I both had our name on the title to my car. While I was told that he took it to the shop to get worked on, it turns out he sold it. Without my knowledge, permission, or signature. He never gave me any money from it, instead used it to "upgrade" our business. Now he has decided to break up with me and force me to leave. (Fine, Whatever is Peaceful.) My Questions start here. What are my rights about my car, and what rights do I have concerning our business that we owed and worked together with one other partner? Somehow They have managed to exclude my name from all the paperwork. I worked for us for 3 years, never getting a paycheck. Now I'm being told I have nothing owed to me, no stake in the business, no right to any money from the profits. Do I have any legal legs to stand on here?
Answer: 

 


Though you placed a written marker down about “my question starts here,” I’m making another assumption. The way your Ex decided to hide your ownership in the car is obviously similar to a potential claim of how he handled (or hid) your assets from the business you operated together. The reason to tie these factors together is that you have a stronger case to demand a full accounting about lost property by demanding a complete inventory. This right to an accounting, by the way, is a common right among “partners.” The minute you start excluding items from that accounting, the more likely you are to blur the lines between gifts, romantic relations, and business agreements.


 


So resist any temptation to segment his conduct, because you will get closer to what you are owed, by not compromising at the beginning. And you can also consider keeping the peace by offering to use a mediator to help settle this whole thing in a less confrontational yet still legal way… http://www.omediate.org/pg20.cfm.


 


Define Your Status


 


The law has several different types of protections, and they depend on what relationship status you have with someone. There is a criminal element in this case too, from the possibility of a fraudulent auto title transfer and then on to what happened to you as a co-worker, part owner, or employee. Depending on your financial situation, you can get free or low-cost legal advice on what these tangled legal relationships are. Plus, having an affordable lawyer right away can also send a strong signal to your ex-partners to get honest. Try here… http://www.law help.org/program/694/index.cfm.


 


What Evidence Do You Have?


 


Start by looking at how the business was created, set up, and operated. Did you have a hand in creating the business from the start? If so, this should be easier for you to document equal interests and rights. Regardless, there is a paper trail that goes with a business.


 


Don’t assume anything.


 


You may believe the company was a corporation, for example. Check with the Oregon Secretary of State. http://www.filinginoregon.com/. Sometimes, people with less than honest ideas toward their partners may also have set up other business structures or business identities and multiple bank accounts…so be sure to check your partner(s) other possible names for a business, too. http://egov.sos.state.or.us/br/pkg_web _name_srch_inq.login.You can even run their addresses through the system here: http://egov.sos.state.or.us/br/pkg_ br_web_assoc_name_srch.main.


 


What About A Crime?


 


Based on what you said, there does seem to be a crime, in addition to both a tort (fraud) and/or civil complaint (breach of contract).


 


Depending on what city and county you were in, and when the offenses occurred, there will be the opportunity to involve the police and their economic crimes unit. This is often a very cost-effective way to get a more thorough investigation done. It can also shock the offenders into coming to terms very quickly when they get a dose of this harsh reality. While police may hang back, perhaps believing it’s just a “relationship” issue, the auto title transfer alone suggests something much deeper than just that. This seriousness is especially true if your business relationship continued after any personal relationship ended.


 


“Bona Fide” Purchaser Rules In Oregon


 


Finally, an “innocent” purchaser of a car has some protections from the crime of a false title transfer. If, however, you can show the purchaser had reason to know of your interest in the car, then you can go to court and ask for either a return of the vehicle or the lost value from the purchaser. Most likely your complaint is only against your Ex fiancée. Depending on the value of your total claims (is it under $10,000?), you may have the advantage of using the informal Oregon small claims court system: http://courts.oregon.gov/Washington/ docs/civil/SmallClaims-ProceduresandInstructions.pdf.

Attorney: 
DakotaLegal

i had a fight with my girlfriend

State: 
Florida
Question: 
i had a fight with my girlfriend but then she started hitin me on my face and body in front of my son pushin me against the wall shakin me my son was scared nd got close so i push her away i snatch her phone away and call 911 i explain to them what happen but then she lied and say i was the one being violent i didnt get arrested or her but they gave me a case # and told me i file battery against her and she file battery againt me they took picture but she even try grabbing my hand and hitting herself on the chest im aftaid they beleive her and i get arrested for somthin i really didnt do. she even lie and told me that she was gonna tell them i threat her with my firearm
Answer: 

 


There seem to be at least three major issues here: 1. your not being arrested on a false charge, 2. the well-being of your son, and 3. how you should act right now.


 


1. Arrest Issues:


 


One problem is that you say had “a fight,” which she made worse. Were you pushing or was there ‘only’ shouting? One problem is going to be that even a shouting match can intimidate someone, and they can say they “were afraid.” In other words, your girlfriend may say that she was “defending” herself. If you’re bigger than she is, that will something you have to explain. Here’s a place to check out the definitions of “domestic assault” http://www.womenslaw.org/laws_state_type.php?id=496&state_code=FL. There’s also a link there with instructions on how you can fill out a request for an injunction against your girlfriend.


 


Unfortunately, you are correct about the possibility of being arrested in the coming days: just because you weren’t arrested immediately does not mean that an assistant State Attorney won’t make that decision in a matter of days: maybe even weeks. If you have any priors, it becomes even more likely you’ll be arrested. You can ask the local police what they’re doing, and if they are going to drop charges. There’s a good chance they will have sent your file on to a state’s attorney---if they have, take that as a sign an arrest is coming.


 


There’s also a big difference in how counties handle DV arrests…Orange is pretty strict (with almost 10,000 arrests a years) and Pinellas focused on DV involving kids, and Manatee using a lot of field investigators and counselors alongside their police. If you cannot afford it, go today to a legal clinic at the nearest law school  (from Stetson in Tampa or FAMU in Central Florida:


 


http://apps.americanbar.org/legalservices/probono/lawschools/pb_student.html


 


AND try to get the quickest appointment with Florida legal aid or the Florida Bar’s pro Bono program…    .


 


http://www.floridabar.org/tfb/TFBConsum.nsf/840090C16EEDAF0085256B61000928DC/A99E4C9F07844AC385256FF90073D012.


 


If you have little or no ready money, get hold of a free legal aid clinic immediately: do not wait another day.


 


Last, you talked about having a weapon. My advice is to get rid of it. You can sell it. But you will help yourself if you can show (with a receipt, fore maple) that you got rid of it. Don’t tell your girlfriend if you get rid of the handgun, because you want to start being able to show that she’s able to lie about what happened.


 


2. Your Son’s Well-being And Safety


 


One reason you might not have been arrested was because your son was there. This is only a guess, but the odds of your being arrested would have been less if your son is from another relationship than the one you are now in.


 


The age of your son will also have been important: was he old enough to tell the police what happened? The fact is that she may also have crossed the line and not be allowed to be around your son. If this is the fact, it will also make your own case against her stronger: just do not use your son as a way to get what you need. But you do need to stand up for his rights to keep him safe from her, too.


 


Finally, the best thing you can do is to either move from her or get her to move. Whose name is on the lease or who owns the home? If you own a house together, take the steps of going to a shelter (we’ll look at that in the next section) and asking for a Temporary Restraining Order/TRO. Is your son old enough to make a preference for where he wants to live? Be sure you are able to explain how you are putting him first in your decision: and it looks as though that means keeping him away from what’s going on with the girlfriend.


 


3. What To Do Now: Be Strong Enough To Ask For Help


 


Historically, battered women had few choices to get out of a dangerous home. It’s a funny thing, but now that “shelters” have grown up around the country, police have been reporting progress in preventing repeated cases of domestic assault. And with the passing years, the shelters now say that they are working hard to become more open to the fact that men are battered, too. You should get help from one… http://www.fcadv.org/centers.


 


Call the Florida Domestic Violence Hotline at 1-800-500-1119 too. The funny thing is, men are still reluctant to ask for help from domestic shelters. You have worries about your own safety as well as your son’s. Not only can a shelter help you with a restraining order against your girlfriend (to get her out of your residence), but they also have rules about who they can help. Many shelters basically end up “taking sides” in a domestic abuse case. If you get help from legal aid or a shelter, then this may stop your girlfriend from getting their help, and that is a good thing for you. At any rate, be ready to face some resistance from a shelter, since not all of them are great believers when a man says he was hit by the woman.

Attorney: 
DakotaLegal

Free Legal Services for Domestic Violence Victims in North Carolina

Providing free legal assistance to victims of domestic violence seeking a domestic violence protective order in the state of North Carolina, legal aid maintains a list of licensed attorneys paid for by federal, state and local funding sources at no cost to the victim.

weblinks Legal Aid of North Carolina, Inc.

http://www.legalaidnc.org
places Location

Legal Aid of North Carolina, Inc., Administrative Office

224 South Dawson Street
Raleigh, North Carolina, 27601
United States
Phone: 919-856-2564
Fax: 919-856-2120

Legal Aid of North Carolina, Inc., Asheville Office

547 Haywood Road
Asheville, North Carolina, 28802
United States
Phone: 828-236-1080
Fax: 828-236-2008

Legal Aid of North Carolina, Inc., Boone Office

171 Grand Boulevard
Boone, North Carolina, 28607
United States
Phone: 828-264-5640
Fax: 828-264-5667

Legal Aid of North Carolina, Inc., Charlotte Office

1431 Elizabeth Avenue
Charlotte, North Carolina, 28204-2506
United States
Phone: 704-971-2621
Fax: 704-971-0180

Legal Aid of North Carolina, Inc., Concord Office

785 Davidson Drive, NW
Concord, North Carolina, 28025
United States
Phone: 704-786-4145
Fax: 704-786-4149

Legal Aid of North Carolina, Inc., Durham Office

201 West Main Street, Suite 400
Durham, North Carolina, 27702
United States
Phone: 919-688-6396
Fax: 919-682-8157

Legal Aid of North Carolina, Inc., Fayetteville Office

327 Dick Street, Suite 103
Fayetteville, North Carolina, 28301
United States
Phone: 910-483-0400
Fax: 910-483-2763

Legal Aid of North Carolina, Gastonia Office

1508 S. York Road
Gastonia, North Carolina, 28052
United States
Phone: 704-865-2357
Fax: 704-865-2359

Legal Aid of North Carolina, Inc., Goldboro Office

208 Goldsboro Street East
Wilson, North Carolina, 27894-2688
United States
Phone: 252-291-6851
Fax: 252-291-6407

Legal Aid of North Carolina, Inc., Greensboro Office

122 North Elm Street, Suite 700
Greensboro, North Carolina, 27401
United States
Phone: 336-272-0148
Fax: 336-333-9825

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Establishing Rights and Obligations of Unmarried Couples

State: 
Illinois

The number of couples living together without choosing to get married has more than tripled in the past two decades.

Joint Residency Agreement

State: 
Wyoming

Okay kids, if you want to be together and reap all the benefits, but you don't want the hassle of diamond rings, weddings, or mothers-in-law, here's a potential solution: a joint residency agreement.  Cohabitation can be fun, but you want to avoid trying to evict each other when the going gets tough. 

Joint Residency Agreement

State: 
Wisconsin

Okay kids, if you want to be together and reap all the benefits, but you don't want the hassle of diamond rings, weddings, or mothers-in-law, here's a potential solution: a joint residency agreement.  Cohabitation can be fun, but you want to avoid trying to evict each other when the going gets tough. 

Joint Residency Agreement

State: 
West Virginia

Okay kids, if you want to be together and reap all the benefits, but you don't want the hassle of diamond rings, weddings, or mothers-in-law, here's a potential solution: a joint residency agreement.  Cohabitation can be fun, but you want to avoid trying to evict each other when the going gets tough. 

Joint Residency Agreement

State: 
Washington

Okay kids, if you want to be together and reap all the benefits, but you don't want the hassle of diamond rings, weddings, or mothers-in-law, here's a potential solution: a joint residency agreement.  Cohabitation can be fun, but you want to avoid trying to evict each other when the going gets tough. 

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