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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I was ill when I had filed for a divorce in late 2009. During

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I was ill when I had filed for a divorce in late 2009. During that time I had become mentally ill. I was unaware I had made such a decision. According to family members I had become so ill i had to live with them. Additionally I was not getting help for my mental illnesses at the time my family is very superstitious they suspected someone put a cure on me. I know crazy! Anyhow I became aware I had filed a divorce in 2009 because recently I contacted the courts to get the paper work needed so that my husband could adopt the children I had from a previous relationship when I was a teen. In 2006 my husband and I got married and that same year he was sent to prison. we kept in contact till mid 2008. As during 2008 is when I started to become mentally ill. I was ill for so time. My husband wad never served because of all the mistakes of information I had put for him and I. during that time family members have expressed I had a melt down and needed their supervision as I was needing to live with them. They attempted to assist to the best of their abilities. in late 2010 I stated receiving therapy. I got back in contact with my husband. made him aware of what had happen and what was going on during our loss of contact. In 2011 he was released I continued my therapy and still receiving therapy. I am currently stable on medication with the assistance from a psychologist. I did not know I made such a mistake. I never wanted a divorce, I still don't want a divorce nevertheless will ever want a divorce. I'm completely happy with my life. My husband and I are under the assumption we are currently still married. It is against his beliefs never to divorce. I feel guilty in telling him. I do not have the money to afford an attorney to get the proper advice or assistance. I'm scared! I need to fix this.. I mad a mistake! Is there anything I can do to fix this problem? What does one say? what does one file? what documents or witnesses does one need. I pray to get the proper detailed advise. Thank you!

Thank you for choosing Just Answer.

 

Since you do not remember much the first step is to ascertain whether the divorce was complete. You can do this by calling the clerk of courts and asking if a divorce order or journal entry has been complete in your case. If not, you should ask if the case has been dismissed by the court for want of prosecution, If so, then you have nothing to do case was dismissed. If the c case is still open you can file a "motion to dismiss" , or "Notice of Dismissal" simply stating the parties have reconciled. The case will then be dropped.

 

If an entry of divorce has occurred you can try to get it overturned, or simply just get remarried. I suspect however either the case has been dropped or has just stayed open.

 

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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

 

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Customer: replied 3 years ago.
It is final decree

If you have a final decree that is multiple years old then it will be almost impossible to get it undone. You can file a motion to try to have the divorce entry vacated based on the facts stated above with respect to your mental condition. I suspect that the best you can do is to get remarried.

 

 

If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

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Customer: replied 3 years ago.

can we file something based by the fact we began living together in Jan 2011 even though the case was finalized in march 2010. considering that would be a marriage/ common law just as well

Common law marriage is a rare ly allowed anymore. What State do you live in ?
Customer: replied 3 years ago.

Colorado . would it take place from the date we lived together?

Colorado allows common law marriage. There are 2 requirements to establish the marriage

 

1) you both must agree a marriage exists

2) You must hold yourself out (act like) publicly as if a marriage existed. This includes things like filing joint tax returns, signing documents as husband and wife, live together, etc.

 

The date is when the items were fulfilled. For example the first year for which you first filed a joint tax return. The date you pick as your date of marriage is somewhat arbitrary but you may get asked to justify it.

 

If challenged you will need to prove the marriage and the date of the marriage. For example when you attempt to collect social security benefits they will see the divorce you will need to prove the marriage and then date of the marriage.

 

 

 

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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

 

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Customer: replied 3 years ago.

Would a lease work


or information to when he was in priion his paper work

A lease with you on it as husband and wife works. Prison paperwork where you identify yourself as the wife also works.

 

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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

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Customer: replied 3 years ago.
Are those the documents we take and file with the courts to vacate the divorce or what exactly it is we so with those documents

You can not vacate the divorce. You use the documents to establish you were remarried after the divorce. The lease and other documents must be dated after the divorce.

 

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Customer: replied 3 years ago.

what does it mean to reestablish the marriage? where would you go? is it something you file?

We were talking about a common law marriage. You were trying to establish when the common law marriage was effective. That is why you need the documents to establish publicly holding yourself out as married. There is nothing you have to file.

 

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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

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Customer: replied 3 years ago.
Basically because we are common law married doesthat mean we are available to get a marriage license? And will it state from the date we provide documentation? If the documentation is provided to the courts could I motion to vacate the divorce based on our documentation? As you can see trying to do this the most easiest way as possible rather then paying a large amount of money to haul all my doctors therapist and psychologist into the courts to get this a
Issue resolved properly? To vacate is my goal with as much needed documents as possible. You have provided us with great information. I hope my recommendations provides you with the requirements needed to assure you get credit. If there is something I have missed to assure that you do get the proper credit please let me know what I can do to help. As your information has offered us many options.

You do not get a marriage license. You are simply married. If your marriage is ever challenged it will be up yo you to prove you were married.. and the date you were married from.

 

If your husband ever disputes you were married then you will need to go to court to have a judge determine you were married. ( refer to court case In re: Custody of Nugent, 955 P.2d 584 (Colo. App. 1997).

 

If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

Jack R. and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

I'm pretty sure my husband will not dispute this matter as he is willing to change the decree as well. is there a referral case that would relate too a matter such as this?

Again you CANNOT change the decree. The divorce decree is final.
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