Legal Question in Sexual Harassment in United States
My ex and I were common law married. We went to the court and got a form declaring our informal marriage. We are no longer together do I have to get a divorce if I am going to marry someone else?
2 Answers from Attorneys
Based on your zip code you are not in California, but you asked this question to be directed to California lawyers. There is no such thing as a common law marriage in California and there is no "form" you can go get at a California court to "declare" an informal marriage. So, quite frankly, under California law I have no idea what you are talking about or how California law would relate to your situation.
According to your zip code, you reside in the State of Texas. Under Texas Family Code, there is no common law marriages but rather a Civil Union between people that resides together. This union is enforceable if reduced to writing. Sec. 1.108 of Texas Family Code. Sec.6.204(2)(b) and Sec.6.204(2)(b)(c) invalidates a civil union as a marriage in that it is contrary to public policy. The purpose of the civil union is to provide the parties protection as spouses only. Therefore, according to Texas statutes, you are not married and a divorce, under the circumstances, is not applicable. For a more detailed description of Texas law, you should consult a Lawyer in the State of Texas. This is only my opinion based on Texas statutes.
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