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Common Law Marriage/Marriage

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gatorguy3

Member
What is the name of your state? Florida

In my wife's previous relationship, she had 2 children and lived in a state that recognizes Common law marriage.

Since they moved back to Florida, it is my understanding the Common Law Marriage would still be recognized. I didn't understand any of this previous to my relationship with her.

Now, we married (legally) through the courts. She left before our one year anniversary.

We have been separated for a couple years but are in the process of divorce.

Can someone shed some legal light on my options?

Thanks.
 


I AM ALWAYS LIABLE

Senior Member
gatorguy3 said:
What is the name of your state? Florida

In my wife's previous relationship, she had 2 children and lived in a state that recognizes Common law marriage.

Since they moved back to Florida, it is my understanding the Common Law Marriage would still be recognized. I didn't understand any of this previous to my relationship with her.

Now, we married (legally) through the courts. She left before our one year anniversary.

We have been separated for a couple years but are in the process of divorce.

Can someone shed some legal light on my options?

Thanks.

My response:

Options about what?

However, I will tell you this: If she didn't divorce her husband before marrying you, then she's a criminal (a "bigamist") and your marriage was invalid.

IAAL
 
gatorguy3 said:
What is the name of your state? Florida

In my wife's previous relationship, she had 2 children and lived in a state that recognizes Common law marriage.

Since they moved back to Florida, it is my understanding the Common Law Marriage would still be recognized. I didn't understand any of this previous to my relationship with her.

Now, we married (legally) through the courts. She left before our one year anniversary.

We have been separated for a couple years but are in the process of divorce.

Can someone shed some legal light on my options?

Thanks.

You (or she) need to talk with a family law attorney. Do you know for sure they qualified under the common law marriage provision? Usually those states that provide for common law marriages require a cohabitation for a fairly lengthy period of time. Did she and her former cohabitant meet that requirement? Does their having children together affect the common law marriage in that state? What about the process for ending a common law marriage - does it require that the regular divorce process be followed? These are all questions one wouldn't know unless they researched that state's laws and court rulings. And for that you need professional legal guidance.

The one thing that is probably known is that a second state would have to recognize the common law marriage (if there is indeed one) because of the Full Faith and Credit Clause of the U.S. Constitution.
 
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rmet4nzkx

Senior Member
Rhubarb297 said:
You (or she) need to talk with a family law attorney. Do you know for sure they qualified under the common law marriage provision? Usually those states that provide for common law marriages require a cohabitation for a fairly lengthy period of time. Did she and her former cohabitant meet that requirement? Does their having children together affect the common law marriage in that state? What about the process for ending a common law marriage - does it require that the regular divorce process be followed? These are all questions one wouldn't know unless they researched that state's laws and court rulings. And for that you need professional legal guidance.

The one thing that is probably known is that a second state would have to recognize the common law marriage (if there is indeed one) because of the Full Faith and Credit Clause of the U.S. Constitution.
What IAAL said is true, your wife is a bigamist and your marriage is invalid, Flordia recognized common law marriages in another state and there is no such thing as a common law divorce, all things that Rhubarb should have known as it is information available. Many people think a common law marriage is as easy to end as to astablish but that is a false assumption. One of the hallmarks of common law marriage is representing one's self as married, so if your wife thought she had a common law marriage at least one or both presented themselves as married and would be considered married until a divorce.

This is one of the few times you can file for an annulment, an annulment may also require property settlement. It is best you consult an attorney as this may be tricky. You have done nothing wrong.
 
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gatorguy3

Member
First of all, I appreciate you all for your information.

Second, I have done some research on the common law marriage and such in the common law state where they resided together.

The thing that made me start to realize this could be an issue is that after my wife left me...she began getting mail from the father of her other children. He addressed her utilitizing his last name and made comments to the fact they were married.

Anyway, I am not concerned with being able to divorce versus anulling the marriage I am just concerned with my son.
 

I AM ALWAYS LIABLE

Senior Member
gatorguy3 said:
First of all, I appreciate you all for your information.

Second, I have done some research on the common law marriage and such in the common law state where they resided together.

The thing that made me start to realize this could be an issue is that after my wife left me...she began getting mail from the father of her other children. He addressed her utilitizing his last name and made comments to the fact they were married.

Anyway, I am not concerned with being able to divorce versus anulling the marriage I am just concerned with my son.

My response:

Wow, I'm sure glad you cleared up your concerns! I thought you were concerned with the potential common law marriage, and here, all the time, you were just concerned about your son. Thanks for clearing that one up.

Could you have been any more vague and ambiguous? This is especially so with your question, "Can someone shed some legal light on my options?", which you never answered.

You can have this one, Rhubarb297. It seems that you and this idiot poster can speak "vaguely" to each other. Birds of a feather, and all that, pal.

IAAL
 

gatorguy3

Member
Are the current troubles of these people not enough that you find it humerous to cause more frustration?

I am seeking answers and even though I was a little vague with my question, it was answered.

Yes, I am concerned with how things affect my son.

Thanks for your positive enforcement of the issues.
 
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I AM ALWAYS LIABLE

Senior Member
gatorguy3 said:
Are the current troubles of these people not enough that you find it humerous to cause more frustration?

I am seeking answers and even though I was a little vague with my question, it was answered.

Yes, I am concerned with how things affect my son.

Thanks for your positive enforcement of the issues.

My response:

Yes, but isn't it strange that your real, actual, number one concern - - your child - - was NEVER mentioned or addressed in any manner whatsoever, in your initial post? Couldn't have been too big of a concern for you.

A little vague? Sorry, pal, but your post was more than just "a little vague".

Learn to write what you mean, and stay focused on your real concerns rather than wasting the time of "Rhubarb Pie". As for my time, I'll just kick you in the ass for being an idiot.

IAAL
 
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rmet4nzkx

Senior Member
I went back and looked at a few other of your posts and you should really consider annulment for several reasons, the parental kidnapping and your wife's check fraud and bigamy. You need to ask the court for a DNA test on YOUR child, if paternity and all your custody and child support issues were based on him being the child of the MARRIAGE, and your marriage isn't legal, that makes a huge difference.

When you ask a question, you need to focus on the quesiton and the facts, I only looked at another couple of posts, I'm not going to go through all of them to collect the facts.

I suggest you bring up your wife's bigamy and fraud to your attorney.

In what state was the common law marriage?
 

gatorguy3

Member
Fair enough.

The fact that his mother was common law married before marrying me had and has nothing to do with my son. That is why I didn't mention that fact previously.

I know it is Bigamy. I appreciate that input.

My "options" have to do with how this would benefit me in my case? To date, it has been me against the DOR, state of Florida and a silent appearance here and there by my wife. While she has done things improperly and unethically, I am the one being ruined.

I am just looking at different aspects of my situation. I am trying to stay "focused on (my) real concerns" and getting everything where it needs to be. Thanks again.
 

gatorguy3

Member
Texas is the state where they cohabitated.

Our marriage came after our son's birth, although we were living together from about 2 months after she informed me she was pregnant.

We waited until after his birth as my insurance would not have covered the birth at all.
 

gatorguy3

Member
I have not done a DNA test.

I did sign the birth certificate and he has my last name.

Does it make a difference with respects to "legality" with the child not being a child of the marriage? I am not too versed on this.
 

gatorguy3

Member
I know this will get some hostile replies but I will say it anyway.

He looks entirely like me, even the spittin image of me when I was a boy. He looks nothing like his mother.

I have contemplated, over time, getting a test to make sure.

FFwd to after the DNA test and it shows he is my son...what can I do after that point with respect to custody and such? How can I pursue legal action against his mother. Do I have standing? I know I don't with respect to the fraud.
 

rmet4nzkx

Senior Member
While it may be your child, it may not, even if he looks like you, it doesn't mean a thing until you have the DNA. She is playing the system for all it's worth, her Fraud is a significant factor.

You in good faith signed the BC based on the mother's fraud, unknown to you at the time, you had no knowledge of her marriage and lack of divorce, you were not living together exclusively at the time of conception and the child was not even the child of the marriage where he would have been considered legally yours by default. That is why, her frauds are critical to your defense, and to right the wrongs that have occured because of her deceptions and subsequent frauds.
 
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