Legal Question in Family Law in Pennsylvania

Is it possible to sue someone I was not married to,, but lived with for 15 years, for support, pain and sufforing,, common law settlement,, anything? and would it be worth the money spent on the attorney.


Asked on 10/07/11, 6:12 pm

1 Answer from Attorneys

Pain and suffering is generally only available if you sustained a physical bodilly injury. While you can get damages for emotional distress, this has to be accompanied by medical evidence verifying the great distress. It will be difficult to argue great emotional distress if you put up with it for 15 years. However, this is my opinion.

While PA no longer recognizes common law marriage, this change only occurred in 2005 or so. If you were living together in PA or another state which recognized common law marriage at the time and if you meet the requirements of that state (it entails more than just living together), then you may have to sue for divorce. In such case, you would be eligible for alimony, assuming you meet the requirements for that, as well as be able to seek equitable division of any marital property.

As to whether it will be worth the money on an attorney, first you have to determine if you are validly married under common law marriage. I suggest that you meet with a family law attorney and pay him or her for his time. Find out if you had a common law marriage and, if so, ask what you will be entitled to in the divorce. Weigh the costs and benefits. While there, you may ask the attorney about any other causes of action if you are not married, but it is my opinion that if a valid marriage does not exist then you have not articulated any other basis for any claims.

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Answered on 10/07/11, 7:20 pm


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