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Legal Separation/No DivorceMy dad recently passed in August. He and my mother were legally separated in the 70's but never got a divorce. In the 80's my dad had a "wedding" ceremony with a lady in Indiana (although both were residents of Wisconsin). Is the Indiana ceremony legal and recognized because of the amount of time that has passed? What are the conditions/rights of common law spouses?> Attorney answers (1)
If your mother and father were never legally divorced, the law in Wisconsin would not recognize the Indianna wedding ceremony as valid. Thus, unless there is a will that leaves your father's estate to the lady in Indianna, your mother stands to inherit his estate (unless the legal separation documents provide otherwise).
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