QUESTION
Would we still qualify for annulment or would it be a standard divorce with a year separation period?
Asked on Feb 09th, 2013 on Divorce - California
More details to this question:
I married my husband 15 years ago, and he was married to someone else at the time, even though he got a divorce from first wife we never got re-married. We have been living as husband and wife since then and I guess would be common law married, have two children.
9 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, there is no common law marriage. If he was married at the time you were first married and you were never legally re-married after he got the divorce, then you are not married legally and would need to file for an annulment. You should consult with an attorney in order to properly proceed.
Answered on Feb 12th, 2013 at 2:57 PM
Michigan does not have any law that recognizes a relationship in Michigan as a common law marriage. It does, however, recognize common law marriages established in states which recognize common law marriage. If your husband was legally married to someone else at the time he married you, your marriage is void and you would be able to receive a legal annulment in Michigan. An annulment has to be filed just like a divorce. There is no one year separation period. He will still be liable for child support.
Answered on Feb 12th, 2013 at 2:56 PM
There is no such thing as common law marriage in California. You need to immediately see a family law attorney in your community to see what rights and duties you have.
Answered on Feb 12th, 2013 at 2:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If he was married to another at the time of your marriage, and you never remarried after the divorce was completed, then your marriage was a nullity. There is no common law marriage in Michigan. You should see an attorney before you act as this situation could get very complicated and, to some degree to your great disadvantage if certain positions are taken.
Answered on Feb 12th, 2013 at 2:55 PM
John Arthur Smitten
You qualify for an annulment because your marriage is void. Common law marriage does not exist in Florida.
Answered on Feb 12th, 2013 at 2:54 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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You may or may not be common law married. If you are, then you will need a divorce. Consult an experienced family law attorney.
Answered on Feb 12th, 2013 at 2:53 PM
If you are in California then there is no such thing as a common law marriage. Since he was married at the time you married him you would still be able to get an annulment since the marriage was considered void.
Answered on Feb 12th, 2013 at 2:53 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Depends whether you knew he was still married. You may qualify as putative spouse. See an attorney.
Answered on Feb 12th, 2013 at 2:53 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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There is no common law marriage in California and if you never re-married after his divorce was final, then your marriage should be annulled on grounds of bigamy. The fact that you have children isn't relevant to this issue.
Answered on Feb 12th, 2013 at 2:52 PM