Legal Question in Family Law in Texas

Ok my boyfriend and I just had a baby. We have been living together for 3 years now. He is still common law married. Him and his ex-wife went to the courthouse and got the certificate. Him and i want to get married can we do that? or does he have to get a divorce


Asked on 10/02/09, 11:37 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

I assume that the "certificate" is the declaration provided for in section 2.402 of the Family Code.

Your boyfriend needs to get a divorce. If his wife will agree to everything, it will be fairly simple. Unfortunately, the filing fee will be around $300.

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Answered on 10/07/09, 6:54 pm


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