what do I file with the court to request an existance of a common law marriage? Is it a motion for modification or clarification?

My husband & divorced - we think (neither us nor our attorneys signed the decree, we were not asked if we wanted the divorce or if we agreed to the divorce). We went before the judge on April 23rd. I was crying, very upset and pushed by the judge and my husbands attorney to finish. (my attorney said she remembers this) No decree was submitted. We got back together, but my husband''s attorney said we had to finish it, being we''d already gone before the judge. July 8,2009 we stood there & neither of us said anything. We were living back together and even went to the courthouse together. Since then we got engaged to be remarried, lived together, have accounts together and have openly stated that we were husband & wife. Since July 2009 our wedding got put on hold, because my husband got cancer & recently died. He was wearing his wedding ring when he passed, but his family is not acknowledging me as his wife. I spoke to a judge & he''ll hear it, but I need to know what I need to file.