Legal Question in Family Law in Colorado
common law marriage
I lived 24 years with my common law husband. 7 years in Colorado, 2 years in Kansas, and 1.5 years in Oklahoma. These are States that recognize Common Law. We presented ourselves as husband and wife and purchased a home in Denver. We filed taxes jointly as 'married' for almost all of the 24 years. In 1984 we moved to California and then in 1996 separated. He moved to Las Vegas, Nevada and married someone in August 2000. Is his marriage legal? What do I need to do to make certain I stay within the law if I ever remarry? Thank you for your help.
2 Answers from Attorneys
Re: common law marriage
Whether his marriage is legal would be determined by Nevada law. To be certain you are not married, you can divorce him. If he raises the issue that you are not married, the court will determine whether you are.
Re: common law marriage
Dear Inquirer:
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relationship, unless a written retainer agreement
is executed by the attorney and client. This
communication contains general information only.
Nothing herein shall constitute an attorney-client
communication nor legal advice. There likely are
deadlines and time-limits associated with your
case; you should contact an attorney of your
choice for legal advice specific to your personal
situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general
information about California Family Law, Tenants'
Rights, and Juvenile Dependencies, and EDD
hearings and appeals, as well as information
about me (education, experience, et cetera)
and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
If any of the states you mentioned recognized your common
law marriage, California will too. Otherwise it won't.
To be on the safe side, file for divorce and let
the court decide if your were married.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.