Common Law Marriage

What is the name of your state? Missouri

If a couple lives in a state that recognizes common law marriage, presents themselves as man and wife, file joint tax returns, etc. do they have to get a divorce through the courts in order to legally marry another person? Or, could they just "break up" and leave it at that, and each go on to marry other people? In the second scenario, would the "second" marriage be legal?

MissouriGal said:

What is the name of your state? Missouri

If a couple lives in a state that recognizes common law marriage, presents themselves as man and wife, file joint tax returns, etc. do they have to get a divorce through the courts in order to legally marry another person? Or, could they just "break up" and leave it at that, and each go on to marry other people? In the second scenario, would the "second" marriage be legal?

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My response:

Oh, c'mon MG. You already know the answer !

Of course you'd need to get a divorce if a couple have been "common law" married. How many times have we discussed this same issue on these boards?

IAAL

Thanks IAAL. Now, let me present the problem to you.. I honestly just happened to think about this when I was reading some older threads....

Back in 1989, I moved in with a guy. We were together until 1991. We presented ourselves as husband and wife. People called us that, etc. We filed a joint return in 1991. We split up in November 1991. I left, and left everything but my clothes there because of physical violence one night. I just got OUT.

I met someone else, and was married, in front of a judge, in January 1993. I stated that I had never been married, because I didn't know much about common law marriage, just that I supposedly had been. There was never any "divorce" from this "first" marriage. I didn't know that there had to be one, since it wasn't "on paper". I just left, and never looked back. So, my "second" marriage was never legal? The ex that I left also got married at a later date as well. And if this second marriage was never legal to begin with, what about the divorce and custody issues that are ongoing now? I think I might need a paddle to get up this creek.... Oh, BTW.... all of this took place in Georgia. Honestly, I never even thought about this first common law marriage thingy. And if the second marriage was never legal to start with, what in the HELL do I do now?

My response:

Ignorance of the law is not an excuse or a defense. Can you say "Bigamy"?

I think you better have a nice, long, discussion with your attorney to plan out your strategy in this matter.

IAAL

Bigamy isn't that big of a word, so I think I can pronounce it.

I know ignorance isn't an excuse. I just honestly never thought twice about it. We were together, he beat the hell out of me one night, and I left. I never looked back. And I do know that Georgia still recognizes common law marriages as long as they were entered into before 1/1/97. So, my "second" marriage, nor his, were ever legal. Boy, that opens up a whole new can of worms. But, I do have one final question... I understand that legally, yes we were married in the state. And that legally, we would have to get a divorce. But, since both of us got remarried, in front of a judge, and apparently, we both put down that we were never married before, no one contested the fact that we were able to freely marry another, and since 1991 there has been no contact between us whatsoever, would it be feasable to actually go through with taking the steps to divorce him? No, I'm not trying to skirt the laws here. It's just that no one has ever mentioned the fact that he and I were "married". He went on, I went on... like a boyfirend and girlfriend that had broken up. I guess I'm just wondering if that since neither of us pushed the envelope, if it would just be considered water under the bridge. I will be talking to attorney tomorrow to find out my options. And maybe I'm just rambling here, but there's a lotta things going through my head right now. Just trying to sort it out. Thanks IAAL. I know that some people would think your remarks harsh and cutting, but I know you give it straight like it is. That's why I'm asking you these things.