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  1. #1
    Join Date
    Nov 2005
    Location
    GEORGIA
    Posts
    2

    Default Found out I was still married in a common law marriage

    :shock: I recently found out that I was still very married to my 1st husband that he and Ihad divorced in 9-78, then that day formed a common law marriage, in GA were we live it is legal and you must get a divorce. In mid 1982 we parted due to his infidelity, same as in the 1 marriage, and he deserted me and went back to his home state of WI. He kept in contact with me through out the years, trying to get me to come back to him. He would always tell me he had taken care of the divorce which I got no papers on, and would mail me a copy when he 'found them' with no reason to disbelieve him, nor not knowing the WI laws, I assumed it was so. I started livinging with someone else here, got pregnant, we claimed common law for legitimization purposes for our child, and mean while my husband from which I thought I was divorced marries 3 more times in WI, has 2 children by his 2n mariage there, and was married at the time of his death in 2001.

    As no one in his family knew how to get intouch with me to tell me, I find out by locating his parents who had retired to another city, and moved back, that he had passed. It broke my heart, for really there was still love on both sides. He was a Nam vet and suffered severe PTSD and would not get treatment until he went back to WI, after our almost 12 years together. It was about a year after I found out of his death, I had a record search done in Milwaukee, and there is NO divorce on file for us. This means he lied to me, and thus, It makes all of his marriages, and mine (I married my fathers's child 2 times also, but we have been divorced for 13 years, and I have not remarried. As we could not enter into any marriage as we were still legally married, every marriage for us, except for the one for him and I were void. This turned my whole world upside down. Now I am a widow, and a legal surviving spouse. At the time of his death he was 100% disabled VA for PTSD. His mom wanted me to have things changed, to fight for what was mine, as they knew we were still married and had thought he divorced me also. I called the VA over 1 year ago, and did as they told me, get affidavits from his family memebers who have nothing to gain by stating that we were still married, from our friends here and from my family. I have been going round and round with the VA and I called the last 'wife' as not to blind side her with anything and she somewhat said I was crazy. I told her to research legal common law marriages, legally entered into before 01-01-97, in GA were legal and you hve to divorce from them. I also told her I found that if a marriage is legal in the state it was contracted in, it is accepted as legal in any other state.
    Against all his family's wishes she had him cremated, whereas he always made me promise to have him placed in a War Memorial Ceremony for he fought in Nam for that right, 101st Airborne/1st Calvary, and was at Hamburger Hill.
    How do I go about going to WI and trying to get his remains?
    She has him in the closet because 3 months after he died, she moved her boyfriend in and they are still together. What would one call what I am trying to do? Would I have to go to WI and file suit or can I have her brought here in GA? I am so confused.
    Did I make myself clear on the circumstances and such? Somebody please give me the legal advice I need to get this ball rolling. Any legal persons from WI out here? Help!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default Common Law Marriage

    If you wish to try to establish that you were married to your first husband, you should hire a lawyer in Georgia and resolve the issue through Georgia's courts.

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