Common Law Marriage????

[micheleo]

How do I prove that I was not married to my ex boyfriend? In the state of Alabama I am hearing conflicting information. He filed a divorce action against me but the dates in the divorce show that he was still married to his ex wife. Isn't that fraudulent? Thanks.

 

[lildevil719]

common law marriage????

in reply to your question, you don't have to prove it...there's a lot of stuff about common law marriage that you might not know...first of all, unless both you and your ex filled out a form saying that you wanted to be common law spouses, you're not...If you did fill out this form, then you are legally married and will have to get a divorce...but if you didn't, any judge is going to laugh in his face for filing a divorce suit against someone he was never married to...and also, it is illegal to be common law married to one person if still married to another...you don't have anything to worry about...

 

[micheleo]

Thanks for replying. Him and I never filled out any form and I always filed my takes as single. None of our bills have me carrying his last name. Is there a specific form in Alabama that needed to be filled out to claim common law marriage? If so what is the form called? Someone told me that two people would have to present themselves as married for one day to the public to be considered commonlaw married, he always presented me as his girlfriend or fiance.
He is trying to keep my property and our 8 month old son because I left him 6 months ago.

 

[lildevil719]

common law marriage

not sure about Alabama...I just grabbed a sheet about it here in CO where I'm at...if you go to your local library, you should be able to find out what entails a common law marriage...I can tell you that in the military, unless you fill out a form saying you're common law married, you don't get housing or any of the other marriage perks by just saying you're common law married...then again, that's the military, I'd check out the library if I were you...they ashould have the info you need...as far as your property and your son goes, your son, you will have to go to court over, regardless...your property, you'll probably have to go over that as well, unless you can prove that your things were in your possession before you moved in with him

 

[LegalBeagle]

Thanks for replying. Him and I never filled out any form and I always filed my takes as single. None of our bills have me carrying his last name. Is there a specific form in Alabama that needed to be filled out to claim common law marriage? If so what is the form called? Someone told me that two people would have to present themselves as married for one day to the public to be considered commonlaw married, he always presented me as his girlfriend or fiance.
He is trying to keep my property and our 8 month old son because I left him 6 months ago.

Alabama
The requirements for a common-law marriage are: (1) capacity; (2) an agreement to be husband and wife; and (3) consummation of the marital relationship.


From all you have said, you are not married and if he has filed with dates that over lap his previous marriage then you can have the petition thrown out. If he has filed something, then you need to defend against it.. get an attorney.

 

[micheleo]

Thanks

Thanks Legal Beagle and everyone. I have a great attorney in Birmingham, Alabama that is suing the Judge and my ex and his lawyer for fraudulent filing of a divorce action. I just needed to hear something encouraging.

 

[LegalBeagle]

Re: Thanks

I just needed to hear something encouraging.

Ohhhh nice socks..

 

[lildevil719]

just out of curiosity, dioes anybody know the requirements for a common law marriage in Colorado? Or how I can find out what they are?
Thanks,
Melissa

 

[LegalBeagle]

just out of curiosity, dioes anybody know the requirements for a common law marriage in Colorado? Or how I can find out what they are?
Thanks,
Melissa

Colorado
A common-law marriage may be established by proving cohabitation and a reputation of being married.

 

[lildevil719]

common law marriage

What if one person represents the couple as married when the other is not around, but the other never does?My sister's boyfriend told her that if she left they'd have to file for separation cause he told everyone they were married, even though she never agreed to it...what would happen there? Anybody got an idea?
Thanks,
Melissa