vinculo matrimonii

[atlantisisland]

I made my own declaration of vinculo matrimonii due to extreme infidelity of my now ex wife of a 14 year solemnized common law marriage in Montana.I made it very clear that the declaration was specifically for dissolving any and all husband / wife obligations loyalties and affection. Therefore I also stated therein that property issues and 1 minor 14 yearold child issues were to be resolved seperately.I simply filed the declaration as a matter of public record at the Lincoln County Recorders office, and served her a certified copy. This was done a little over 5 months ago. I have since very recently remarried [ per lawyers go ahead]. It is now time to pursue my interest in the property and resolve the minor child issue. Any advice beyond good luck would be appreciated.

 

[army judge]

I made my own declaration of vinculo matrimoni due to extreme infidelity of my now ex wife of a 14 year solemnized common law marriage in Montana.I made it very clear that the declaration was specifically for dissolving any and all husband / wife obligations loyalties and affection. Therefore I also stated therein that property issues and 1 minor 14 yearold child issues were to be resolved seperately.I simply filed the declaration as a matter of public record at the Lincoln County Recorders office, and served her a certified copy. This was done a little over 5 months ago. I have since very recently remarried [ per lawyers go ahead]. It is now time to pursue my interest in the property and resolve the minor child issue. Any advice beyond good luck would be appreciated.

I won't wish you good luck.
I'm advising you to immediately retain an attorney.
You've remarried, and you're likely committing bigamy.
You need to speak with and engage the services of an attorney.

Please, for your sake, don't go back to the attorney who has been advising in the past. That advice is somewhat flawed, to be nice, or you may have misunderstood what you've been told.

Get a new attorney, and have the attorney do the work. Your self help remedies are brewing up BIG trouble!!!!!

 

[atlantisisland]

Army judge I appreciate your concern. Allow me to state the following facts. 1. There is no Montana statute that grants a court/judge with exclusive right to dissolve a common law marriage or otherwise.
2. There is no Montana statute that prohibits a married person from making a declaration of vinculo matrimonii and filing such as a matter of public record and serving the spouse a certified copy of it.
3.There is no Montana statute that requires a married person or persons in Montana intent to divorce to petition the court as the only means to obtain a divorce.
4. There is no Montana statute that would nullify or make void a declaration of vinculo matrimonii by an individual intent on dissolving his or her matrimonial obligations and recording such declaration as a matter of public record.
5. With regards to bigamy a misdemeanor in Montana. To be convicted of bigamy it must be proven that the accused is or was aware and believed that he / she was in fact still married and thereby not allowed to marry another.
6.Good luck to a desperate prosecutor of a misdemeanor who would have to convince a jury that a person who filed a declaration of vinculo matrimonii as a matter of public record and served their ex a certified copy knew and believed they were still married. I dont think so.
7.Im not exactly your average joe I have been to the Montana Supreme Court I know how to cross my t's and dot my i's, and I like challenging the assumption driven status quo.