Legal Question in Family Law in Texas
Do I need a Common Law Divorce
I was married in 1989, Legally divorced in 2003. We have seperate homes and addresses 300 miles apart but still spent time together on weekends, holidays etc. Now I have a new girlfriend and she wants a Common law Divorce is this needed?
2 Answers from Attorneys
Re: Do I need a Common Law Divorce
A finding of the existence of a common law or informal marriage is only justified if the evidence shows that the parties agreed to be married, that they lived together in Texas as husband and wife, and they have publicly represented themselves as married. All three of these requisites must exist at the same time. In addition, if the acts occurred outside the state of Texas, then it is not an informal marriage.
If you did not agree to be married, then you are not. If she files for divorce, hire a lawyer.
Re: Do I need a Common Law Divorce
It does not seem to me to need to do a common law divorce. That takes cohabitation and holding out to the public at large that you are husband and wife. The facts of your case do not seem to satisfy those requirements.
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