Fraudulent Marriage Contract

[Glena]

What is the name of your state (only U.S. law)? Ohio. My husband filed for divorce and I have an attorney handling that. His only claim is incompatibility. Filling out the interrogotories I discovered he was still married to his first wife. My attorney is working on the common law marriage aspect. My question is depending on the out come of the divorce can I sue him in small claim court for fraudulent contract? He's disabled and hasn't worked since 1997 and is after 40% of my income and 29% of my military retirement.

 

[Zigner]

You wouldn't take this to a small claims action. It will all remain in the divorce proceedings.

 

[Texas Pooh]

Why is there a divorce if you were never married?

 

[Glena]

Thanks

Apparenty one of the states we've lived in; Colorado recognizes common law. Hopefully not all of the requriements were met. Having lived there only 3 years, he shouldn't get a big chunk of my income, maybe none at all. Keeping my fingers crossed.