My wife got married to another man while still married to me what is the law in Colorado

Her second marriage is not valid until she gets a divorce from you first and then remarries. Technically, she has committed the offense of bigamy in the State of CO, although it is seldom prosecuted.

I've had this case several times. Besides the affidavit, did you file joint tax returns, did she use your last name, etc. Did you and she go out and tell people you were married, or refer to each other in public as husband and wife? All these things help prove a common law marriage (the tax return is a non-disputable method of proof because tax returns are filed under affirmation of the truth and lying is a federal offense. Colorado accepts the return as proof of common law marriage. The best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options. By the way, some attorneys sell "unbundled" or "limited" legal services where you pay for just what you need and can afford. Like just purchasing the pleadings and a review instead of a lawyer in court. Neighborhood Law Office is such a firm. Jim Underhill Neighborhood Law Office 7225 E. Hampden, Unit C Denver, CO 80224 303-302-1000 [email protected] www.NeighborhoodLawOffice.com

Answer: Generally, in a case like this, the first marriage is valid, and the second marriage is not valid. Technically if you and your wife are married, she must divorce you before she can re-marry. However, Common Law Marriages are not as easy to prove in a Court as many may think. To prove common law marriage in Colorado, you must show that you held yourselves out as being married. A notarized affidavit of Common Law Marriage should be strong proof that you were married. Courts will also look at whether you had joint accounts, your tax filing status, and whether you cohabitated or not in determining whether you and your wife had a common law marriage. As for your options, if you believe that you and your wife are still married, you may want to consider filing for divorce. Her re-marriage to another person does not make you divorced if you are legally married. If you intend to ever re-marry, you must file for divorce from your wife first. I would highly recommend seeking legal counsel for this matter, as your situation is complex, and common law marriages often require significant litigation. Consider contacting an attorney to help you with your case.