# Complicated Divorce questions (different States).



## remmons (Dec 20, 2010)

Hello. I have been looking at this website for sometime now. I have finally register recently. I like reading some of the posts to give me some ideas.

I have a conplicated situation. I married my wife five years ago. We have had a great time. But a question has come up that requires immediate attention.

My wife hads asked me if I have any divorce papers or Child Custody papers from my previous common-law relationship. (Oh Crap! I mays till be common-married!) I have none. I guess that I either did not know this, or that I had never thought of it. Thus this situation makes my current marriage null and void. (I feel like crap for this).

I have lived in Utah for the last seven years. My ex has lived in Wyoming for the last two to three years (I cannot remember the time frame for she moves once every six to twelve months). We were both together in Colorado back in the year of 2002. We have not been together since.

Colorado cannot do anything with a Divorce, we will have to have lived in the State of Colorado wthin the last 90 days. Do I file for a Divorce from my former common-law (live-in) here in Utah? 

My current wife and I had just recently separated until I can get this fixed. She is a Wonderful woman who I would like to apend the rest of my life with. Any help would be appreciated. Thank you for reading this.


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## sbbs (Sep 21, 2009)

Not to point out the obvious, but--have you seen a lawyer, one who specializes in family law and divorce? That's really who you should be consulting, not some random people on the internet.

Many lawyers offer free consultations. One meeting should be enough to let you know if you need to do any kind of formal paperwork things to make your first break-up an official divorce.

I'm not a lawyer, so take this with a grain of salt: I would guess that there's really no need to worry. As far as I know, common law marriages don't require legal divorces, since there was no legal-on-paper marriage. If you had children with your common-law wife, though, you may owe child support (unless you have the kids. If that's the case, she may owe you.)

Good luck, and let us know how it goes.


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## remmons (Dec 20, 2010)

I have seen a lawyer, one who is familiar with Colorado Law, and he had stated that I shouldn't be beating on a dead horse. My Bishop had also stated pretty much the same thing. My wife, on the other hand, still wants some Legal Documentation showing that my ex and I are not...

I was able to locate some information today. As far as I was able to find, there is no marriage history between my ex and I, but I will keep searching until I am sure that there is nothing there. All I want is to let my wife know that she is the only one, and that if and when I die, she will be the sole beneficiary.

Thanks for looking and commenting.


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## sbbs (Sep 21, 2009)

Since you guys never signed any marriage documents, it makes sense that there are no legal documents on file anywhere.

If your wife is really concerned about what happens in the event of your death, it might make sense for you to make a will and show it to her. It might also make sense for you to make her the beneficiary of any life insurance policies you may have.

Once again, I'm not a lawyer, but I don't think your wife really has anything to worry about.


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## remmons (Dec 20, 2010)

sbbs said:


> Since you guys never signed any marriage documents, it makes sense that there are no legal documents on file anywhere.
> 
> If your wife is really concerned about what happens in the event of your death, it might make sense for you to make a will and show it to her. It might also make sense for you to make her the beneficiary of any life insurance policies you may have.
> 
> Once again, I'm not a lawyer, but I don't think your wife really has anything to worry about.


Thank you. Your information is appreciated. I will get those done. I know that this will ease her mind.

Thank you to all who had replied with your answers. Your input is appreciated.


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## Affaircare (Jan 11, 2010)

Here is a link about Colorado Common Law Marriage. In this article it states that a couple do not have to have a formal ceremony but they would have to meet some requirements such as: 

Whether the couple refer to themselves as married to third parties,
Filing joint federal or state tax returns,
Listing the other party as a spouse on insurance forms or retirement plans,
Joint finances, such as bank accounts, or owning property, and
The woman taking the man's surname.
Long story short, if you enjoyed the privileges of being married while you were together, then you enjoy the headaches of having to file for divorce when you break up.


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