Legal Question in Family Law in Texas

Common Law Marriage

I was in a common law marriage for the past 3 yrs. We have since seperated. We filed joint income tax for the past 2 yrs. and represented ourselves as married but did not file any papers at the cour house. He had a previous common law marriage that he actually had papers filed at the court house. He never divorced the first woman. Do I need to get a legal divorce from him or is my common law marriage considered null and void?


Asked on 9/04/07, 5:55 pm

2 Answers from Attorneys

Johm Smith tom's

Re: Common Law Marriage

It would be very wise to go over the facts with an attorney; the first question is probably whether you two are married. But a person can't marry another person if they are already married. So the second question is whether he was or is still married to the first person, and this answer may make the first question irrelevant.

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Answered on 9/05/07, 11:54 am
John Pfister, Jr. Pfister & Associates

Re: Common Law Marriage

You might want to consider filing for divorce. It depends on how long you have been seperated and what assets are involved. Talk to an attorney

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Answered on 9/04/07, 9:59 pm


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