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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35753
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I got married in 1967. I later got married again in 1978.

Resolved Question:

I got married in 1967. I later got married again in 1978. I thought my first husband had gotten a divorce, but found he hadn't. I then divorced my first husband in 1980. My question is "is my second marriage legal"?
Submitted: 7 years ago.
Category: Family Law
Expert:  LawTalk replied 7 years ago.
Good morning,

I'm sorry to hear of your dilemma.

Where did your second marriage take place?

Doug
Expert:  LawTalk replied 7 years ago.
Good morning,

Since you haven't responded to my request for information, I will answer your question based on a presumption that you were married in the state of CO the second time.

Under Colorado law, if you are already married to one person, you can not legally marry a second person. Given that your divorce from your first husband was not final until 1980, under Colorado law, your second marriage is void. However, you almost are certainly lawfully married based on common law, as you have held yourselves out as husband and wife since your divorce was final.

The bigamy issue is no longer a threat from the criminal standpoint as the statute of limitations has run on prosecuting you criminally for the violation.

If you want to formally marry your present common law husband, you should first consider a formal annulment of your 1978 marriage based on the fact that you were still married, and thereafter obtain a marriage license and go through the ceremony.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

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