[faithann50]

Common law husband just told me he was leaving. Gave no reason and that he would be back to talk to his children in a couple of days

[ebaines]

Just to clarify - is "NS" Nova Scotia?

[AK lawyer]

And, (assuming the laws in your location are typical) you would sue the children's' father for custody and child support.

I very much doubt that Nova Scotia has "common law marriage". It is an obsolescent concept which only has legal recognition in a very few U.S. states.

[N0help4u]

Nova Scotia - Common Law Relationships

[JudyKayTee]

Common law requirements in Nova Scotia are cohabitation for two years in a marriage-like relationship during which time frame both parties are not married to other people. The site and all of the "regulations" was just searched and posted.

Maybe the concept hasn't "passed out of usefulness" in NS.

And here is how to file for support: http://www.nsfamilylaw.ca/child-supp...-child-support

Nohelp - we posted at exactly the same minute!

[AK lawyer]

Neither site indicates that in Nova Scotia much of any any legally significant relationship such as marriage is created by living together in a "common law marriage"..

The site to which NOhelp4U linked suggests that if a couple wants to create such a relationship they would have to register a domestic partnership. The link which JudyKayTee indicates that NS is familiar with the term and that it may have some effect.

[Fr_Chuck]

So first they need to visit an attorney and find exactly what relationship they legally have, and proceed at that point

[JudyKayTee]

"The site to which NOhelp4U linked suggests that if a couple wants to create such a relationship they would have to register a domestic partnership. The link which JudyKayTee indicates that NS is familiar with the term and that it may have some effect."

Oh, obviously my mistake. Reading what I posted led me to:

"What is a Common-Law Relationship?
1. The notion of a common-law relationship is simple enough. Any unmarried couple in a domestic relationship may be recognized as being in a common-law relationship. Simply cohabiting does not give rise to a common-law relationship; however, parties must be involved in an exclusive, likely conjugal, relationship such that they would be recognized by others as a couple.
How long a couple must cohabit depends on what issue you are addressing; for example, spousal support, division of property, etc. As we will see, different rules apply to each situation.
Spousal Support
Where one party may be entitled to receive spousal maintenance payments, those rights are governed by the Maintenance and Custody Act of Nova Scotia. This act provides a framework for the determination of rights to child support, child custody, and spousal support. Spousal support can only be claimed if a couple has been in a common-law relationship for two years or more. Section 2 (aa) defines “common –law partner” as follows:
2 In this Act,
(aa) "common-law partner" of an individual means another individual who has cohabited with the individual in a conjugal relationship for a period of at least two years;
Whether a common-law spouse is entitled to spousal support, and if so, in what amount and for how long, is a complex legal issue involving the analysis of a number of factors. You should consult an experienced Family Law Lawyer."

Perhaps you could review NS law and summarize it for the OP and me - because I'm not seeing anything here about registering the relationship and/or no rights.

[N0help4u]

Did the OP change the OP? I didn't see coming back for kids in a few days before and the wording lead me to believe they were asking if they had to file for divorce before she could marry someone else.

[JudyKayTee]

Nohelp, I have no idea.

All in all a very good collective effort at providing conflicting info and driving off the OP. And that includes me.

[N0help4u]

With the wording now it looks like they need advice on filing for child custody