Q: Can common law be established on a divorced couple if they were unaware?
Ex filed for divorce recently; discovered her attempt 11 years ago had already divorced us. She is trying to establish common law marriage in order to simply divorce me again with split assets...again. I feel that since i have not acted as nor represented myself as her husband since discovering our divorced status, that should preclude any such attempt. I apparently supported her for 11 years without any obligation or vow to do so. I have custody of our two foster girls
A: A common law marriage can be established after a divorce if the parties act and hold themselves out as married after the divorce. Legally, it is the same as if the parties had a ceremonial marriage after a divorce. you should retain an attorney to review your situation and advise you on the best procedure for your situation
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