Found out I am still married to common law husband

[Laigs50]

What is the name of your state? GA

I was divorced from 1st husband in 1978, and immediatley entered into a common law marriage with him (in GA) We lived together until late 1982, as common law husband and wife, and we parted and he went back to WI where he
was from. He was to have divorced me in WI, as we knew we had to have a divorce. He contacted me maybe Feb. 1982 and told me we were divorced. He said he would send papers. We did not part enemies, and he kept in contact with me throughout the years, and even tho he never sent papers, I was sure he did divorce me because he assured me it was so, and he married 3 more times in WI, and I married again (divorced for 13 yrs now).
Last year, I found his parents number on the internet and called them and found that he had passed away in 7-81. It was in June 2004 that I started searching for proof of divorce from our common law marriage after he returned to WI. There is no record of it. He did not divorce me. I would assume that this made his remarriages and my remarriage void, as we were not free to marry. Am I right?
What do I do, as I am his legal surviving spouse? How do I have this marriage recognized? What should I do? He was a disabled vetran with PTSD, and his mother tells me that I should be getting the survivors benefits, as we were never divorced. This is a dilemma and I realize now that I should have never taken his word for being divorced, but its too late now.

 

[rmet4nzkx]

How did you check for the proof of the divorce in WI?
Have you contacted the VA and social security re your survivor benifits?

 

[Laigs50]

GA

I called the Milwaukee court system and they could find nothing, and also had one of his family memebers to go and research. It is not there, it never happened. I have contacted the VA and have the documentation such as statements from his family memebers, my family members and the person who we rented a home from and our friends here, as it has been so many years and records are gone. I also wonder, if legally I am his surviving spouse, am I entitled to his ashes where the woman he was 'married' to for a few years at his time of death has, so I could have him put in a War Memorial Cemetary as he always made me promise he would be when he died. There are so many questions. Also, am I a bigamist?

 

[BelizeBreeze]

You have no claim for anything.
Georgia repealed its common-law marriage statute, GA. CODE ANN. §§ 19-3-1 and 19-3-1.1, which voids any common law marriage purported to have been contracted on or after 1/1/97.

 

[JETX]

You have no claim for anything.
Georgia repealed its common-law marriage statute, GA. CODE ANN. §§ 19-3-1 and 19-3-1.1, which voids any common law marriage purported to have been contracted on or after 1/1/97.

That isn't relevant. The OP claims her marriage was from 1979 (?) until 1982. Since this is clearly before the termination of 'common marriage', a good argument could be made that a 'common law' marriage existed.

However, the problem I have is in the dates:
"We lived together until late 1982"
"he had passed away in 7-81"

I guess he was getting pretty 'ripe' (and STIFF) by the time that he got the boot.

In any case, a good argument could be made that your marriage to him was terminated by the 'actions' (especially considering your remarriage and his THREE marraiges). Your only real recourse would be to get a court to confirm your marriage.... or its termination.

 

[Laigs50]

GA

I made an error on his death date. It was June, 2001.
To the other responder, I was aware of the Georgia Common law Code, and also found if it was in effect prior to 01-01-97, that it is legal, and after that it is not.
I have researched everywhere out here and all I find is that neither of us could enter into a marriage because our marriage was not ended by divorce or death. Does anyone know it that makes me a bigamist since I took his word that we were divorced and married again, even tho I have been divorced 13 yrs now? I need some free advice on the entire situation here.

 

[rmet4nzkx]

I think that you believed in good faith that you were divorced, although you were still married you entered into a marriage and divorce based on that, although he and his family knew he was still married even though he entered into 3 other marriages, you were both still married and at some point you were without your knowledge, a bigamist also, but since he is now deceased you are his widow. It sounds as if you still care for him enough to have his ashes placed in a memorial, how easy it will be to do this remains to be seen.

 

[rmet4nzkx]

Is this the most recent spouse or you just posting your question from another perspective? As it stands, you are no longer a bigamist and you are the widow. Have you applied for VA benefits yet?

What is the name of your state?WI
I recently found out that the man I was married to and is now deceased, has a common law wife in another state that he never divorced. Was our marriage in this state legal? Am I the legal widow, or is the woman that he failed to divorce from a common law marriage his widow? I receive VA survivor benefits because he was 100% VA disabled, and I need to know if the 'common law' wife is really the widow and not me, and if she can take these benefits from me. There are no children in any of this, thank God, but he was married 2 more times before we married, so does this also mean that his other two marriages in this state were not valid either? This is confusing to me. Would someone explain what is what to me?

 

[nextwife]

Are you absolutley certain that the only county that he lived in/may have filed in was Milwaukee County? The "Milwaukee Metropolitan area" actually consists of several counties. You may wish to check all those counties yourself. Many are online.

 

[Laigs50]

Is this the most recent spouse or you just posting your question from another perspective? As it stands, you are no longer a bigamist and you are the widow. Have you applied for VA benefits yet?

Although this person and myself have somehwhat similar circumstances, we are not the same person. I am 54 years old, and in Georgia. Maybe this is a common practice in Wisconsin(?). This lifts a lot off my shoulders knowing I am no longer an unknowing bigamist anymore. I finally got the form from the VA to complete to send in and have gotten up the documentation-affadavits and such that they said I had to have as it had been so many years, and am in the process of completing it. I would imagine that it will probably hit the fan when she finds out I am filing a claim. Does anyone know what I need to do here in GA to have this straightened out, about my other marriage and divorce, and to go back to my name as it was before my remarriage? I learned a valuable lesson here..never take anyone at their word when a legal matter is concerned...get the papers in your hands.

To answer the other question, the only part of Wisconsin he ever lived in is Milwaukee, so there would be no records in any other part of the state. I verified all this with his parents and sister, even tho I always knew the answer to that.
So, here I go...any more advice? Does anyone know what steps the VA will take? I need all the advice in this situation I can get. Thanks...and to the other woman...what can I say...?

 

[rmet4nzkx]

No I wasn't saying that that other person was you, I think it may be your late husband's "wife" yes I'm sure she will not be too pleased. Especially when the VA is notified. You can us what ever name you want, and not worry about the marriage and divorce that is all taken care of. There may be things besides VA to check into. Keep us updated.

 

[Happy Trails]

No I wasn't saying that that other person was you, I think it may be your late husband's "wife" yes I'm sure she will not be too pleased. Especially when the VA is notified. You can us what ever name you want, and not worry about the marriage and divorce that is all taken care of. There may be things besides VA to check into. Keep us updated.

Wow, the similarity is uncanny.

 

[rmet4nzkx]

Wow, the similarity is uncanny.

Yeah, thats why I asked, it was also possible that it was her also asking the same question from the other person's voice since she had also asked her question twice already, like maybe she wasn't sure, but aparently since OP is actively checking into her options, her husband's most recent wife also now has need to check into her options. It is always interesting when we end up with the oppisite sides appearing independently.