QUESTION
I am in a common law marriage in MT but my spouse met and married a young woman in the Philippines while we were separated? Is that legal?
Asked on Aug 10th, 2011 on Family Law - Montana
More details to this question:
We have been married via common law for 12 years in the state of montana. We held ourselves out as married, I used his last name, was listed on his insurance, and we obtained loans as spouses and even applied to adopt a baby as a married couple. We separated for a time and in the midst of talking about reconciling, he met a 20 year old woman in the Philippines online, flew there a month later, and married her two days after arriving. He is now doing the paperwork to bring her back to the house we have lived in for 12 years. All of my property is still in the house, as I was planning on returning. He told the Philippine government he had never been married. Is there anything I can do to stop him from being able to bring this young girl to the US, to our home, based on his marriage to her which, from my viewpoint, is not legal since he is married to me in a state that recognizes common law marriages and we have never divorced?
1 ANSWER
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A common-law marriage, once contracted, is the same as any other marriage; that means that your spouse cannot validly contract a second marriage unless your marriage is terminated by divorce, annulment or death, and any such second marriage is bigamous and void. To be clear, common-law marriages are the same in every respect as ceremonial marriages when it comes to bigamy and divorce. You need to consult a matrimonial attorney in Montana. He can assist you in commencing a divorce action and obtaining your share of the property of the marriage, including, to the extent appropriate, spousal support and counsel fees. Good luck.
Answered on Aug 10th, 2011 at 9:00 PM