Common law marriage?
I got married in another state and then moved to Alabama, as husband and wife. I then found out she was still married in the other state and our marriage was a fake. Alabama law said, we are common law married, i don't see how, I didn't agree to marry her under the common law, I thought we had got married years ago. How can I find out what I need to do to get out of this mess?
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Pretty sure she can't be married to 2 people at the same time. And if she can't be, you can't be married to her. She will need to finalize her previous divorce or annulment before she can be either officially or common law married to anyone else in any state. Make sure to keep a copy of the decree because some official forms require it later if you state you've been married and divorced previously.
Go directly to your county clerk and recorder's office. Ask them to contact the state from which your "wife" was from. Have the marriage annulled or begin divorce proceedings (for your current "common law wife") And, as stated above, every state has a different version of "common law marriage"...
You may even consider writing a letter, or emailing to you Secretary of State. He/She may be able to send you to the correct office.
If her supposed divorce was not "completed", which happens all the time...then the situation just needs to rectified through the court system. It should not cost you anything but some time on the phone and maybe a bit of postage.
BTDT
Your question makes no sense. You got married, moved to Alabama, then found out she was married to SOMEONE ELSE? Or you? I don't get it. Common law marriage is usually when you've lived together/ lived as "married" for a certain period of time, you are automatically married. I have no idea what you mean.
If she was married to someone other than you, then she is still married to them, and not you. You need to clarify what you mean.
Among the states that allow it (most don't), the laws vary. Some you have to live together and portray yourself as married for so many years. In some, there is no limit, and just moving in and having a party where you claim you two are married is enough. So unless you two were already living together and portraying yourself as a married couple, it's very, very unlikely to happen with one in prison for life.
Hey Kevin,
The laws in each State are different, I think you might need to consult an Attorney to see where you stand and what options you might have. Good Luck
talk to your local representitive in your district, go to an attorney the usually have a free initial meeting, look up the laws on the internet , or you can talk to teh legal aide office in your area.