I found out on social media that my niece who is married but has been separated for three years is now using another guy's name and saying they are married, and expecting a baby. But I now for a fact that she hasn't divorced her husband yet.
She now has a new Facebook page with this new "hubby" ( her words) last name tagged to his page. So I believe he is aware and excepts.
What she is doing is a violation of Colorado law because Colorado does make it illegal to represent yourself as married to someone while being legally married to someone else. This statute is almost never enforced (District Attorneys have other priorities), but your niece is violating the law.
Potentially more serious, if she files joint taxes with her new "husband" without divorcing her first husband, she will be committing tax fraud. That is prosecuted more often.
She should know that there is no such thing as "common-law divorce". No matter how long she is separated, she is still married to her legal husband until she actually gets a divorce decree signed by a judge.
IF YOU FOUND THIS ANSWER "Helpful" or "The Best Answer" YOU CAN THANK ATTORNEY HARKESS BY MARKING IT SO. The attorneys on this site are donating their time and talent by answering questions to help those in need of legal information. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado and Massachusetts. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess and any person. You should schedule a consultation with a local attorney to discuss the specifics of your legal issues.
I concur with the recommendation of my distinguished colleague, attorney, Stephen Harkess. Mr. Harkness answer is right on the money. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced CO matrimonial attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck.THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I agree with the other attorney answers. If your niece wants to marry someone else (or hold herself out as married to someone else) she needs to divorce her legal husband first. She should consult with a family law attorney in her area.
The answer given is not legal advice and does not imply that an attorney-client relationship has been established. Your best course of action is to have legal representation in this matter
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline