Legal Question in Family Law in Texas

my boyfriend and i our consider common law married in texas and we just split and he married someone eles is there marrage real or does he have to divorce me 1st


Asked on 10/04/09, 1:14 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Without knowing all the facts, I would first file a suit to prove the marriage and then file a divorce action. In Texas an informal marriage (statutory definition of "common law") exists when (1) the parties live together as husband and wife (2) hold themselves out to others as husband and wife (3) and you must have agreed to be married.

If this definition is not satisfied, then it may not be necessary to prove the marriage and file for divorce.

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Answered on 10/11/09, 3:32 pm


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