They have been living together for about six months and have been dating for about a year before that, now he calls her his wife and she calls him her husband but she is still legally married to some other guy but there seperated, he says there common law married and i say he is full of it and that there is only one kind of marrage that counts and that he is just fooling himself, who is right him or me?
2007-09-22 19:54:32 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
#1: She's married, to someone else... he isn't married, no matter what lie he's telling himself or others.
#2: Common-law marriages, like 'real' marriages, cannot be entered into by persons who're already married.
#3: Common-law marriages can only be entered into in a very few states, although all 50 states + DC recognize common-law marriages as valid.
The states where common-law marriages may be entered into are: Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire (posthumously), Oklahoma, Rhode Island, South Carolina, Texas, and Utah and Washington, D.C.
#4: Common-law marriages are just as legally binding as any other form of of marriage, and there is no "common-law divorce" either. If someone wants to dissolve their common-law marriage they must get a court-approved divorce order just like any other married person would get.
#5: There are specific conditions that must be met for a 'relationship' to be considered a legally binding common-law marriage:
a) Both parties are legally free to contract a valid ceremonial marriage (in this case, your nephew is free to enter into a cermonial marriage, but his gal pal isn't)... this is otherwise known as "capacity"...
b) Both parties hold themselves out to be "husband & wife"... this means no one does the "No-no-no!" dance when someone asks "How's the wife?" or when they open a joint bank account or when they rent an apartment, etc....
c) Both parties enter into an exclusive relationship, proved by cohabitation as man and wife... IOW "cohabitation in good faith." While this might seem to your nephew to be a qualifying point, it isn't because his alleged common-law wife is already someone else's wife and thus can't be his wife, no matter how loudly or firmly he declares it. LOL!
Either your nephew is young and naive, or he's trying to pull the wool over someone's eyes... maybe his own?
Pity him and advise him that until his not-a-wife girlfriend decides to divorce her husband, he'll have exactly what he has now in five or 10 or 20 years... "Nuttin', honey."
Hope this helps,
TX Griff
2007-09-22 21:08:45 · answer #1 · answered by TX-Griff 4 · 1⤊ 0⤋
Depends on the laws in your state. Some states say a couple is common law married after living together as little as six months, some states say it is 1 year.
It cannot be considered a marriage until she gets her divorce.
At the very least she needs to hit the bookstore and get the DIY divorce guide, download the forms from the state website and take the appropriate amount of cash down to the courthouse and FILE. We're talking only a couple hundred dollars.
Of course... her still being married is actually protection of a sort for your nephew. In common law marriages, he can be held responsible for any debts she runs up, and whatever else.
2007-09-22 20:05:47 · answer #2 · answered by revsuzanne 7 · 1⤊ 0⤋
Legally, common-law marriage is recognized by the law in some states. However, if she is still married to someone else, they cannot be married in ANY way.
It sounds to me like you are getting involved where you don't belong, no offense. What do you care if he's "really" married to her or not? Some people don't need a piece of paper to tell them they love each other. I was in a relationship for 9 years and we were never legally married. Our state doesn't recognize common-law marriage either but we still called each other husband and wife.
I am now legally married to someone else I love very much, but that piece of paper hasn't changed my feelings for him. All it changed was my last name.
2007-09-22 20:05:40 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Sometimes, letting go seems like the easiest thing to do. But think about this: you've invested so much of your time and energy into another person; you've made a solemn promise; and you still know there's love, even if it's hiding underneath the surface. This website will show you how to save a marriage and avoid divorce, even if you're the only one trying https://tr.im/Hh72O
2015-01-28 15:37:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Conflict or anger itself does not have to cause an irreparable rift between partners. With good communication skills and a shared commitment to a marriage, even these are surmountable. How to save your marriage https://tr.im/cehML
However, at that point where one partner is at the brink of abandoning the relationship, how can the remaining partner save their marriage? If you are at the point where your spouse has asked for a divorce, what can you do?
You must realize first that, you do have a choice. Often, when confronted by a crisis, we find ourselves backed into a corner thinking we have no choice in the matter. How can we change the situation when it involves another person's feelings or decisions? While we cannot, must not and in no way manipulate, blackmail or threaten our partner into changing their mind, we can actually control how we react to the situation. If anything, you must realize that you still have control over yourself. You have the opportunity to look inward and take responsibility for your own feelings and actions and even have the chance to take personal inventory of what your partner is trying to tell you. Are there points in your marriage that must be changed? If so, respond appropriately and proactively.
2016-02-11 00:05:41 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Common law marriages are recognized by law, but she cannot be a common law wife if she is still married to someone else. I think you're right!
2007-09-22 20:01:25 · answer #6 · answered by jenesuispasunnombre 6 · 1⤊ 0⤋
No judging yet maximum adult males do no longer bypass away their better halves. in case you pick to stay interior the shadow of yet another woman and by no ability be enjoyed and dealt with such as you should be..it incredibly is your selection. i'm particular that's a hazard to love 2 people at as quickly as even nonetheless that's unfair to the spouse he married as she seems to be at nighttime. if that's all so astonishing to love 2 women at as quickly as..why does not he come clean, out interior the open and have the two one among you? He won't and this ought to permit you recognize something? Is it true love..hmmm
2016-10-09 16:44:24 · answer #7 · answered by sutliff 4 · 0⤊ 0⤋
Well he is half right....she is married but not to him.... they can't even be in a common law marriage as long as she is still legally married to someone else
PS you are 100% right.... and in many states they do not have common law marriages
2007-09-22 20:05:25 · answer #8 · answered by DavidV 3 · 1⤊ 0⤋
You are right and he is full of it. As long as this girl is separated and not divorced, your nephew is not married, common law or not. He is just shacking up with her..
2007-09-22 20:00:26 · answer #9 · answered by janetrmi 5 · 1⤊ 0⤋
well in canada you are considered to be in a common-law marriage, even if your are still married to someone else, but are SEPARATED. You have to live in a "marriage-like" relationship for 2 years, then you are common-law, even if one person is still married to someone else.
2007-09-25 16:57:01 · answer #10 · answered by getlostex 1 · 0⤊ 0⤋