common law marriage and bigamy

I live in Canada and my fiance is from Virginia but lives here with me. In Canada it is recognized as a common law marriage and we wondered if this means that she is committing bigamy since she is only separated and not divorced in Virginia. She has a stipulation in her separation agreement that her children are not allowed to be with her if she "co-habitates" with another. Does this interfere with the access to the children since we are common law in Canada but common law is not recognized in Virginia unless it takes place in another state that does? Does Canada constitute another state and if so is it considered bigamy?

BSandVA said:

I live in Canada and my fiance is from Virginia but lives here with me. In Canada it is recognized as a common law marriage and we wondered if this means that she is committing bigamy since she is only separated and not divorced in Virginia. She has a stipulation in her separation agreement that her children are not allowed to be with her if she "co-habitates" with another. Does this interfere with the access to the children since we are common law in Canada but common law is not recognized in Virginia unless it takes place in another state that does? Does Canada constitute another state and if so is it considered bigamy?

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If she is currently married, then you will not be recognised as being common law married in Canada. If the agreement states that she can not have the children if she is living with someone and she is indeed living with someone, then she has broken the terms of the agreement and the father can withhold the children from her.