Legally Married?

What is the name of your state?California
I have been married (I thought) for 20 years but come to find out when we did get married I wasn't divorced yet. There was a five day difference. Meaning day of 2nd marriage 6/5 divorce ended from 1st marriage 6/10...
Someone told me we have a commen law marriage if we resided in the same home for 10 years or longer and we have of course being 20 years, we also have 2 children together.
If we want to fix the date through the court what could happen? There appears to be several miss printed dates on our document but it clearly states ,WARNING neither party may remarry until 6/10. I was also told since this is commen law by at least 10 years we are married so we would still need a divorce? I understand disbursement of property etc... but how could we get a divorce if we weren't legally married?
We have no plans on getting a divorce but I always wonder what if?
Should we remarry? Or fix the document? I fear if we remarry I would lose any benefits from him if something were to happen down the road.
What if one of us walked out the door today could we get legally married to someone else? Has anyone heard of this? Or have any information? Thanks Theresa

California doesn't recognize common law marriages originating in California.
You can if there was an error or mistake you may petition by Declaration explaining request for nunc pro tunc entry of Judgment, to have the date of the decree changed to 6-4. If that fails, get married again.

(California doesn't recognize common law marriages originating in California.)
I was just told by an attorney that living in the same residence for 10 years is common law here in california... I am not saying you are wrong but I would like to be positive... He was a divorce attorney as well? So with that being said we are not legally married and if I or he were to walk away from our relationship then thats it? Except child support?
It was the fault of the attorneys clerk or court clerk, we called the attorney to get the appropriate date of divorce and it was said to be May 2nd.. So we got married.. Then when we recieved the papers may 2nd date was crossed out and entered was 6/10... well after.. My usband checked into this and he told me we were legally married and i was a bigimist for 5 days (joking) truthfully...
If this is not a commen law state I'm sure glad I didn't get that attorney that told me it was? Can anyone else comment on this?

Theresalee said:

(California doesn't recognize common law marriages originating in California.)
I was just told by an attorney that living in the same residence for 10 years is common law here in california... I am not saying you are wrong but I would like to be positive... He was a divorce attorney as well? So with that being said we are not legally married and if I or he were to walk away from our relationship then thats it? Except child support?
It was the fault of the attorneys clerk or court clerk, we called the attorney to get the appropriate date of divorce and it was said to be May 2nd.. So we got married.. Then when we recieved the papers may 2nd date was crossed out and entered was 6/10... well after.. My usband checked into this and he told me we were legally married and i was a bigimist for 5 days (joking) truthfully...
If this is not a commen law state I'm sure glad I didn't get that attorney that told me it was? Can anyone else comment on this?

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Ask your attorney friend to cite the California Code allowing Common law marriages originating in California. And while you are at it, ask him to help you with the declaration to change the date of the judgement Nunc Pro Tunc since there was an error, then you will never have been a bigamist.

He wasn't a friend just a free consultation... But maybe we should ask Clint Eastwood how many millions he lost to his commen law wife in California? Hmmmm guess I need to look into this?

Theresalee said:

He wasn't a friend just a free consultation... But maybe we should ask Clint Eastwood how many millions he lost to his commen law wife in California? Hmmmm guess I need to look into this?

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Palimony is a different issue, you were asking how to rectify your legal problem, not how to broker a property settlement.

Theresalee said:

...I was just told by an attorney that living in the same residence for 10 years is common law here in california....

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The attorney was wrong. How in the world would you prove something like that?

Answer: You cannot.

In any event, get a real lawyer and ask him what the California law is on void and voidable marriages. You may have had a voidable marriage for the first five days, but after that, it could've been cured.

The only way I know of to prove if someone is married is by a dissolution of marriage lawsuit or if one alleged spouse dies and the other asks the court for the surviving spouse's share.

But, who is ever going to question this?

As I said, get a California attorney who really knows something.

To be honest, that was my fear, was if I lost my husband in his line of dangerous job!!! What if someone found this out instead of paying me a lot of money?
I am going to call this real attorney and ask why he lied to me as I sat in his office in California where it read attorney at law!!!!

This pisses me off that he did this and why? I showed him my court documents and everything.
He asked if we resided for 10 years in the same household of course we can prove that.... I will go see another and if I'm told the same thing I will be asking for more info but common law being the system of law based on custom and court desisions and not statutes , ordinance or law what question should I ask?
I also don't want to find my butt out on the street with out a dime b/c we both decided I stayed home and took care of our 5 children either. I did work for 6 years once they got older then became hurt. but my point is I just want to know if I was legally married? You said the only way to know is to get a divorce or seek one? Or someone else said have him change the dates and stated some other stuff I will make sure I write down.
So can or will a judge change a date like that? Has it been done before? My g/f was just arguing with me saying no judge will ever change document like that? I told her he could probably do whatever he wanted ? Am I correct?
I mean you guys have to understand my frustration with sitting in an attorneys office and being told what I was, and then to find its not true?

Yes the judge will change the date if there was an error, Nunc Pro Tunc, call the family law court in the county where your divorce was final and ask their local rules for this so you can place your declaration on the correct form. They do it all the time. The will have a stamp for it, because they do it all the time. This will cost you a lot less than getting a divorce or remarrying and you will still have the same length of marriage should you become divorced.
California Family Code
2346. (a) If the court determines that a judgment of dissolution of
the marriage should be granted, but by mistake, negligence, or
inadvertence, the judgment has not been signed, filed, and entered,
the court may cause the judgment to be signed, dated, filed, and
entered in the proceeding as of the date when the judgment could have
been signed, dated, filed, and entered originally, if it appears to
the satisfaction of the court that no appeal is to be taken in the
proceeding or motion made for a new trial, to annul or set aside the
judgment, or for relief under Chapter 8 (commencing with Section 469)
of Title 6 of Part 2 of the Code of Civil Procedure.
(b) The court may act under subdivision (a) on its own motion or
upon the motion of either party to the proceeding. In contested
cases, the motion of a party shall be with notice to the other party.

(c) The court may cause the judgment to be entered nunc pro tunc
as provided in this section, even though the judgment may have been
previously entered, where through mistake, negligence, or
inadvertence the judgment was not entered as soon as it could have
been entered under the law if applied for.
(d) The court shall not cause a judgment to be entered nunc pro
tunc as provided in this section as of a date before trial in the
matter, before the date of an uncontested judgment hearing in the
matter, or before the date of submission to the court of an
application for judgment on affidavit pursuant to Section 2336. Upon
the entry of the judgment, the parties have the same rights with
regard to the dissolution of marriage becoming final on the date that
it would have become final had the judgment been entered upon the
date when it could have been originally entered.

Now do you believe me??????????

Hey this is perfect!!! I needed to see that law so know i have something to share with my friend who didn't believe me when I told her the date could be changed!!!!!! Sure I believe you!!!!! This other attorney did say you can ask the court to change the date but telling me this would have been more helpful.... also I don't like the lie he told and he did use the word commonlaw of more then 10 years!!!! Thank you for the help....

Theresalee said:

Hey this is perfect!!! I needed to see that law so know i have something to share with my friend who didn't believe me when I told her the date could be changed!!!!!! Sure I believe you!!!!! This other attorney did say you can ask the court to change the date but telling me this would have been more helpful.... also I don't like the lie he told and he did use the word commonlaw of more then 10 years!!!! Thank you for the help....

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It sounds like he was fishing for a palimony suit to get a large retainer for when all you need is to contact the family law section of the superior court, there may be a filing fee but you should be able to do this with the help of the family law facilitators office.

Glad to be of help

"...He asked if we resided for 10 years in the same household of course we can prove that...."

You can prove where you slept every night for a period of 3,652 nights?

And how, pray tell, would you do that?

In any event the nunc pro tunc sounds like it could work. Try it on your own. If it doesn't work, you will have to get a lawyer.

Well I could imagine I lived in the same home with him for the past 10 years and the others 10 years before that? Sure I can, My names on all the bills along with his and who do they think cared for the kids? I have them who are adults now prove that. I have neighbors who have seen me almost daily for the last 10 years and him... I would expect it to be easy to prove were I lived by my land lord too!! We have loan documents with both of us using this address and also Insurance.. I don't really think if it came down to proving it I think I could? I would imagine the judge might be a bit touched after all the evidence and he didn't believe it? I mean daily checks signed with both our names on the checks as well there is way to much to list here!!!!
I just may try that nunc pro tunc on my own First may be a lot cheaper that way!!! Thanks....

That was looking as proof for a palimony action not Nunc Pro Tunc, don't worry about it. You are only looking at amending the error you discovered. Keep us updated.

I'm sorry I mean no disrespect here and I am not saying I do not believe you about this palimony part.....
First of all we have pretty much nothing but bills....but he does have retirement and I would need alimony to try and get on my feet since i have been temp. disabled. He has threatened that he would give me half the bills upon divorce when we were having problems.. I expect this would happen has they are half mine.... but due to this error and if it is not fixed could I be left with nothing but a pile of bills if we were to end the relationship? I know a judge would have to look at it but lets say it's not a legal marriage... Can anyone answer this? Or is this to complicated.... It just seems like my husband doesn't care about this at all, and if i get nothing after parting I could see why.... Thanks and sorry if I'm annoying you guys and girls!!!! Theresa