The question asked is "Common Law Marriage" in effect? The facts are simple: 1. Fiance (a US Citizen) showed up in Korea, while still legally married, without divorce papers. They were civilly married, but my son did not know she was not divorced. 2. 10 years later, in filing for divorce, as evidence of the legality of the marriage, the ex-wife proves that they lived in Alabama for 2 years, living in military quarters, with no intention of living in Alabama permanently. They did behave as if they were married. (lived together, joint taxes, etc). In the reams of evidence my son has that this woman actually had every intention of divorcing him after the 10 year bench mark of military retirement benefits entitlement, the North Carolina Courts deemed the marriage legal. This was based on the 2 year period of time they lived in Alabama, in spite of the fact that my son has a copy of both the marriage license application, and another copy of her eventual divorce decree. Obviously the dates do not match. I must assist my son financially to deal with family court issues, but upon his retirement, I feel he should approach a Criminal Lawyer and have this entire marriage reviewed. In my opinion, she has professionally and personally defamed him committing both Liable and Slander while she committed Adultery while he was in Afghanistan on two separate occasions. The issue at stake is what makes this marriage legal, when she was married when they were married in Korea in Civil Court? How valid then is a Common Law Marriage in Alabama? They had no intention of permanently residing in Alabama.
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