Legal Question in Family Law in Wisconsin

Am I the legal living spouse of my 1st husband, now deceased?

This is a mess. I recently found out thru calling my first inlaws that my 1st husband that was 100% VA disabled had passed away in June 2001. We were married in GA in 1971 while he was still in the service, divorced in Sept. 1978, and immediately intered into a common law marriage in every aspect, presentation to public, holding out and continuing our marriage as tho there were no divorce. We parted in Aug 1982, due to the PTSD he had and is inability to maintain relationships, his continued infidelity as prior to our divorce. We knew we were supposed to divorce again and he promised he would take care of it in WI. He kept in touch with me throughout the years and always told me when I asked that 'his lawyer had taken care of it'' I had no reason to disbelieve him, especially when he told me he had married again, and then after that had 2 more marriages. He was 'married' at the time of his death. As we were not divorced were any of his marriages and my other marriage(from which I have been divorced for 13 yrs) legal? Am I the spouse that should be receiving the Veteran's benefits? I have filed Affidavits as told by them by persons, including theowner of the last house we rented and submitted them. Help me with this please.


Asked on 7/30/04, 1:11 am

2 Answers from Attorneys
David Hudec Gray, Hudec & Oleniczak

Re: Am I the legal living spouse of my 1st husband, now deceased?

You, indeed, have a very complicated situation. I can inform you that Wisconsin does not recognize common law marriages and without further documentation I cannot comment further. Please contact a lawyer.

This is not legal advice. This is an answer to a general question without all the facts being present. Please contact me at (262)642-4368 to discuss this further. Victoria A. Oleniczak

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Answered on 8/02/04, 10:46 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Am I the legal living spouse of my 1st husband, now deceased?

Get a lawyer ASAP. To argue for benefits you have to argue that you were a criminal, as you had absolutely no reason to assume he got a divorce unless you in fact saw a final divorce decree. In other words, if you make a claim, you MAY go to jail. Do not say or do anything until you confer with a lawyer.

IF you were in an undissolved common law marriage, neither one of you could legally have married anyone else. But to argue that, you have to argue that you knowingly committed crimes.

You have a very complex criminal and civil situation that requires serious legal help.

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Answered on 7/30/04, 3:09 am


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