Please help me? Common law verses real marriage.?

Question

I was with my ex for 5 years and we declared ourselfs on legal documents that we were common law. I am no longer with him. I am no longer with him and got married to my current husband the ceremony and all. I live in colorado which is a "common law state". Do I need to divorce my first for my current marriage to be legal.

Answer 1

No, it wasn't REALLY legal anyway...

Answer 2

I REALLY do not think so but laws do differ from State to State.

Why don't you go to the county or municipal court and ask one of the court clerks? I'm pretty sure that the answer is "NO" because you never took a vow or signed marriage documents... "Common-law" marriages are only recognized by the SS Administration in those states deemed as "Spanish Domain" (yes, Colorado is one) but nothing much else; it means that you and someone else lived together, which is a very "common" occurrence.

Play it safe and ask a county clerk to find out for you so you don't get ripped off by some shady shyster attorney who may charge you $100 just to say, "No" or may cause you to pay for a newspaper add plus his fee for "composing" the tiny 1/2" x 2" ad in the classied ads, or some other ridiculously unnecessary thing.

Answer 3

If you declared yourself to be common law and actually filed the papers....yes you were legally married. You must check with your local laws but you may not now be legally married.

Of course you know this question should have been ask and answered before you married. Or does you current husband not know of this?

As hard as it is to go through it would be better for you to get it straight. There are some contracts you may enter into later in life that would uncover this and that is not the time to find you are not legally married.

Answer 4

the laws of each state are different when it comes to common law. if you declared yourself on legal documents to be common law husband and wife you most likely have to declare yourself legally divorced. that may require nothing more than running a news paper ad. you may have to file a divorce resolution with the county clerk of courts. i wouldn't mention the fact that i was already married if i were you. and as soon as you can see if you can get your new hubby to renew the vows and get a new license. these type of things are not problems until they become a problem like divorce. or if something were to happen to your husband social security could deny you benefits or his children from a previous marriage could use the info as grounds to challenge your right to inherit any of his estate and vice versa.

Answer 5

you would have to consult the marriage license bureau or a lawyer in CO to determine that answer

Declaration of common law status on legal documents does not necessarily constitute common law marriage, there are time and cohabitation constraints that have to be met. ... check the laws of the state where you declared common law marriage to see if you met the conditions. If you did not, then you could be liable for fraud on the legal documents where you represented yourself as married. Common Law is a two-edged sword

Answer 6

I don't know about the law in Colorado...but in the state of Texas..if you introduce your "other half" as your husband or wife..then it is considered legally married..or common law. I suggest getting in touch with the court house to see if you need to get a divorce..better be safe than sorry down the road....Good luck.

Answer 7

My sister had to go thru a divorce with her common law husband here in AL(also a common law state) so you might want to check on that with your local Court system because you may not be legally married.

Answer 8

Only if the state you lived in before was common law.

Answer 9

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Answer 10

Sorry, I have no idea but why don't you contact a lawyer so you won't have any doubts.

Answer 11

I would check with an attorney on this one.