If you are common law married and move away to a state that does not recognizesuch marriages,if you move back to the original stateare you still common law married?

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If you are common law married and move away to a state that does not recognizesuch marriages,if you move back to the original stateare you still common law married?

My ex and I held out as married; in fact 1 year we filed taxes together. He cheated and violated and is now in prison. We have a daughter together but I don’t want to be in the relationship anymore and I want to protect my daughter. He has never lived with our daughter and we have been separated for 3 1/2 years now. We did move to LA (did not recognize our common law marriage) but I am now back in CO. Am I common law married still?

Asked on July 8, 2011 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your situation.   Here is the thing: I am a litle concerned about the part of your question that states : LA did not recognize our common law marriage.  Why?  Are you just assuming that because common law marriage is not legal in Louisiana that it was not recognized there?  Because if you did then that is not necessarily true.  If you have a valid common law marriage in a state that recognizes that type of union then the marriage is valid in every  state and abroad.  I would strongly consider speaking with an attorney in your area just to be sure about things and to make sure that your rights and your daughter's rights are protected.  Good luck to you.


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