QUESTION
Is our marriage valid if my husband was common law married to someone else?
Asked on Sep 20th, 2013 on Divorce - Rhode Island
More details to this question:
I just found out that my "husband" is common law married to someone else. He admitted to being common law married. I was helping him with health insurance registration, and it showed another woman as his spouse. He was a re-hire at this company so they saved his information from the last time he worked there. He did not deny it, but said that they had been apart for so long that it was no longer valid.
4 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You really should consult with an experienced family law attorney in your area to review these facts. Not all states acknowledge "common law" marriage, if that marriage is thought to be established in that state. Arizona doers not recognize a "common law" marriage that is thought by the parties to have been established in Arizona, however, Arizona will recognize such a marriage if it is established in a state that does recognize such a marriage, and the parties then move to Arizona. In some cases your marriage would be "void", while in some cases it may be deemed to be "voidable". Thus my advice that you seek an experienced family law attorney to advise you.
Answered on Sep 24th, 2013 at 12:02 PM
It depends if the "common law" relationship was recognized by the jurisdiction in which he lived at the time. In California, such a relationship is not recognized.
Answered on Sep 24th, 2013 at 5:37 AM
The validity of the common law marriage will depend on which state the common law marriage occurred. If the marriage was recognized as valid in the state in which it started, it is a valid marriage which probably makes your marriage to him invalid. If the common law marriage is valid, no amount of time being separated makes it invalid. You and your husband should meet with a family law attorney in your community right away to get this issue unraveled. Good luck.
Answered on Sep 23rd, 2013 at 2:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It will depend on the jurisdiction which you are in as to whether or not common law marriage is still recognized.
Answered on Sep 23rd, 2013 at 1:57 PM