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In regards to paying alimony, ex-wife got remarried, but then left the marriage now claiming it wasn't legal. Do I still pay?
Parker, CO
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Posted 22 days ago in Alimony
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My ex-wife was receiving alimony from me in the state of Georgia and then got married in the state of Colorado recently. Her and her fiance got married and solemized their own marriage. After 15 days of marriage, she decided she did not want to stay with this person. They did their own service and she is claiming the licence was rejected, due to the fact her birth certificate wasn't a notorized certified copy. She left Colorado leaving the marriage, and moved back to Georgia with out him. Does the mean I will still have to pay alimony or will the new husband pay the alimony? I'm not sure of what is needed in the state of Colorado to be legally married.
Answers (1)
Culver Winston Van Der Jagt
This attorney is licensed in Colorado.
Posted 20 days ago.
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I think this has more to do with Georgia Law than Colorado Law. I have dealt with this problem with a California case before and it is pretty difficult for another state to determine what is or isn't a marriage in Colorado, but that is essentially what you wind up asking them to do. Colorado allows for marriage at common law. All it really takes is for a couple to live together and represent themselves to the public as being married, but you would probably need an expert (lawyer) on Colorado law to testify in a Georgia court about that standard in order to win that argument there in Georgia. Georgia (like California) may also have some rules regarding what happens when someone either gets married or starts to live with another man (unmarried). In California (in my case) both arguments were made and the latter argument held, because the judge did not want to make a finding as to the common law marriage standards that Colorado has set.
Good luck and I hope this helps! Culver |
