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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 118176
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A friend married in the 1960's in Chicago then separated and

Customer Question

A friend married in the 1960's in Chicago then separated and left the marriage with no divorce. Since then in 1965 formed a common law marriage that lasted until the death of her partner in 1995. Now needs to prove the common law marriage. Is it possible to apply now for a divorce from first husband retroactive to the 1960's?
Submitted: 2 years ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What state are they claiming a common law marriage was formed, since most states do not recognize common law marriages. Furthermore, if he was never divorced, no marriage could be formed, common law or otherwise and you cannot apply for a retroactive divorce I am very sorry to say.