Q: I divorced my husband and we got back together, do I refile for divorce?
I divorced my husband in the state of Colorado and we reached a settlement agreement through the court, which he did not payout to me. We got back together, purchased a home, and have continued to file taxes for financial purposes. We have been living as husband and wife for over two years and we are unable to continue in this relationship. My question is do I need to file for divorce or do I file a petition to amend the settlement agreement? Since we reunited, is the previous settlement voided since we have allocated more property?
A: This is very complicated. If you remarried him through a common law marriage, then your prior divorce terms are not in play. You need to file for a new divorce with a new property settlement. If you did not establish a new common law marriage, your prior agreement may still hold. Based on just this limited info, you may have established a new common-law marriage since you lived together and held yourselves out as husband and wife. You should retain an attorney to review your situation and advise you how best to proceed.
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