Legal Question in Family Law in Texas

Common law marriage

I haven't lived with my ex consistedly for 6 months, but he claimed that we were common law married on my daughter's birth certificate. We have been seperated for the past 4 months, do I have to file for a divorce?


Asked on 10/06/08, 1:09 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Common law marriage

Maybe. One of the tenets of an informal (commonlaw) marriage, is an agreement to be married. If the judge finds the existence of the requirements of a marriage, then you will need to get a divorce. When a person has been informally married, then separates for two or more years, without court intervention, then it is not necessary to be divorced. That does not appear to be your situation.

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Answered on 10/09/08, 6:43 pm


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