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Common law marriage

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nosyknowitall

Junior Member
My father just passed away on November 8, 2000. He has been living with the same woman for over 10 years now. My father and mother are still legally married. My father's girlfriend just had her divorce two days after my father's death and my father's divorce was never finalized. My parents live in the state of Pennsylvania in Cambria County. Does a common-law marriage exist between my dad and his girlfriend even though they were both still legally wed to their spouses? I know that common-law marriage does exist in Pennsylvania but if my dad and his girlfriend are considered common-law, isn't that bigamy? My dad's girlfriend is trying to apply for his benefits as a common-law wife, but my mom is also applying for his benefits as his legal wife. Even though they have been separated for 10 years, there was never any court documents making this separation official. My mom and dad have also been married for the past 27 years with 3 children. I need to see where I can get some Legal laws on the working of common-law marriages in the state of Pennsylvania. Can someone please help me??
 


LegalBeagle

Senior Member
nosyknowitall said:
My father just passed away on November 8, 2000. He has been living with the same woman for over 10 years now. My father and mother are still legally married. My father's girlfriend just had her divorce two days after my father's death and my father's divorce was never finalized. My parents live in the state of Pennsylvania in Cambria County. Does a common-law marriage exist between my dad and his girlfriend even though they were both still legally wed to their spouses? I know that common-law marriage does exist in Pennsylvania but if my dad and his girlfriend are considered common-law, isn't that bigamy? My dad's girlfriend is trying to apply for his benefits as a common-law wife, but my mom is also applying for his benefits as his legal wife. Even though they have been separated for 10 years, there was never any court documents making this separation official. My mom and dad have also been married for the past 27 years with 3 children. I need to see where I can get some Legal laws on the working of common-law marriages in the state of Pennsylvania. Can someone please help me??
The GF is not his common law wife as she was married right up to the day his died. Therefore I believe she has no legal standing for her claims. All you mother has to do is contest her claim and state that the GF was legally married.
 

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