Common law marriage and separation? Does she still need to select "Yes" to the question "Have you been previously married?" Please read below

[NikLR 13,232]

1 hour ago, taknev said:

But she said that there was no record of her marriage when she went to the court.. how can she get divorced when there's no record of her marriage? 

There never is a record of it. But in Colorado if you are in a common law marriage, that is you present yourself a married, file taxes as married for example, you have to get a divorce before you can get married to anyone else.  It’s why most states don’t allow common-law marriage. 
she needs a lawyer. It takes 92 days to get an uncontested divorce in Colorado. 
 

yes I get in Canada it’s different. I was common-law with my ex for almost 9 years. When we separated I had to let the Canadian government (tbh it was the CRA) know we were separated at 90 days. I had to let the CRA know I was married within 30 days when I married my husband. 

Edited December 7, 2020 by NikLR

[Boiler 45,949]

1 hour ago, taknev said:

But she said that there was no record of her marriage when she went to the court.. how can she get divorced when there's no record of her marriage? 

Please ask her to read the thread.

[Ontarkie 14,419]

Except there is a record. Taxes at the State lever will clearly show that she was married. 

[Mike E 11,742]

15 hours ago, Boiler said:

Canada does not have common law marriage

Lol, tell it to my nephew who received an inheritance of less than $500 because his father (my brother) had a live in girl friend for 5 years. On an estate worth over $100K.

[Boiler 45,949]

6 minutes ago, Mike E said:

Lol, tell it to my nephew who received an inheritance of less than $500 because his father (my brother) had a live in girl friend for 5 years. On an estate worth over $100K.

And?

[Lemonslice 4,960]

3 hours ago, NikLR said:

There never is a record of it. But in Colorado if you are in a common law marriage, that is you present yourself a married, file taxes as married for example, you have to get a divorce before you can get married to anyone else.  It’s why most states don’t allow common-law marriage. 
she needs a lawyer. It takes 92 days to get an uncontested divorce in Colorado.

OP, you might have to file again.  If your fiancée needs to divorce, then she is not yet free to marry you. 

Edited December 7, 2020 by Lemonslice

[Mike E 11,742]

4 hours ago, Boiler said:

And?

If my brother weren't considered in common law marriage, my nephew would have inherited 100% of my brother's estate. Instead under provincial law, the live in girl friend got the first 150,000 and my nephew got the second 150,000. Which the gf and lawyers made sure was consumed by legal and other other fees.

[Boiler 45,949]

Sounds like a Common Law Partnership

[Letspaintcookies 2,310]

9 hours ago, taknev said:

But she said that there was no record of her marriage when she went to the court.. how can she get divorced when there's no record of her marriage? 

The court first needs to decide if a common law marriage existed which can be proven by taxes filed jointly. If the court rules that there was a common law marriage then she can get a divorce. 

The way things seem she is still married and not able to petition you.

[Lemonslice 4,960]

4 hours ago, Mike E said:

If my brother weren't considered in common law marriage, my nephew would have inherited 100% of my brother's estate. Instead under provincial law, the live in girl friend got the first 150,000 and my nephew got the second 150,000. Which the gf and lawyers made sure was consumed by legal and other other fees.

 

They were in a common law relationship, and they were most probably aware of it - it is not some dark secret law that no ones knows about, plenty of campaigns and information on what makes a common law relationships, and the legal ramifications. 

 

That being said, I am sorry for the loss of your brother, and that no one was there to represent your nephew's interests. 

[NikLR 13,232]

Common law is present in Canada however it’s not actually a marriage and you don’t need to get divorced. The details vary by province.  I’m sorry about your nephew.