Legal Question in Family Law in Montana

divorce from a common law marriage

i got together with a girl in calif over the course of 17 years we moved around Oregon, Washington , and Calif. i never intended to marry her although she would have wanted to but i think that because we worked together on dairies and could get housing I guess i found it convenient to stay together.She and i had separate bank accounts but we did have car loans together as she wanted to make credit for herself for when we were apart.One day she tells me that she changed her name on her ss card to mine and also changed her drivers license. not changed through the courts though.i just found out that she filed a tax return jointly that she would have had to have forged because i never signed a joint tax return. now after 16 years she leaves and moves to Montana.After being gone a year she files for divorce saying that we had a common law marriage!She wants 1/2 my 401k and spousal support of 300. mo.how do i go about telling the courts that i never considered us married?Can you lead me in the right direction? Thank you.


Asked on 1/23/03, 1:08 am

1 Answer from Attorneys
David DenHartigh Attorney at Law

Re: divorce from a common law marriage

As a dairyman you don't want to fall victim to the old saying: "Why buy the cow when you're getting the milk for free." It sounds like now she wants to make you pay. You should see a knowledgeable divorce lawyer in your County immediately. Talk to several and you'll figure out which ones know what they're doing. You need to discuss the issue of how much, if any, contact you've had with Montana and whether you can challenge Montana's jurisdiction over you. Many lawyers will charge nothing or only a small fee for the initial consultation but there are important and complicated issues in your case that need to be handled immediately and correctly. Don't be penny wise and pound foolish! You're looking at possible $3,600 per year in spousal support. Add it up.

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Answered on 1/23/03, 9:22 am


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