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common law marriage/divorce

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J

jeninmontana

Guest
What is the name of your state? montana - here's the dilema... since montana allows common law marriage, i need to know if there's such thing as a common law divorce. we have 1 child together, he pays child support and i have full custody of our child. he has no interest in seeing/spending time with our child and this has been his decision for the past year. he has recently married "legally" and i need to know if i have to get an actual divorce from this person or can we sign an agreement between eachother, have it notarized stating that we don't recognize ourselves as married and haven't for the past 4 years. i'm not a big fan of outrageous court/lawyer fees, and would rather keep our child out of the court system, like i have for the past 4 1/2 years since we split our ties with eachother. i would appreciate any help/advice i can get. thanks!
 


N

nowpastdue

Guest
I am NOT an attorney.

There is no such thing a a common law divorce.

The question here is whether or not your common law marriage in fact met the requirements that would show you were "married" legally in the eyes of the law, although you were not married in church, had license, etc.

If you were then his present marriage is not valid. If you were then you would need to get a legal divorce thru the courts.

If you did not then meet the requirements of a common law marriage then you were never married.

I would suggest to you though that in view of the fact that there is a child involved you should seek a court ordered child support agreement and not rely on a private agreement, in any event. You should also seek court ordered custody thru the courts, not just rely on the fact that you have physical possession of the child at present.

What happens if in the future his views, wants, or financial circumstance change? Also, better to do whatever you are going to do locally rather than chance one of you will be out of state, etc. in the future.

I would also suggest to you that if you have not established paternity of the child legally, you should do so ASAP.
 

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