Legal Question in Family Law in Texas
Common Law Marriage in Texas
Here is my situation (if there is one): I've been split up from my ex for over 3 years. We were together for 4 years off and on from 2000 to 2005. During this time we lived together with family or our own place. In 2002 I filed our income tax as married filing jointly. I also claimed her on my insurance through one of my jobs.
My question: Do I still need to get a divorce from this person after being seperated over 3 years?
1 Answer from Attorneys
Re: Common Law Marriage in Texas
Wow!
It would depend on your situation.
Some employers won't remove the spouse from insurance unless there is a divorce.
If you have been separated over 2 years, IT IS PRESUMED to be over and no divorce is necessary.
'
However, in the real world, I've had people that needed to file for divorce or their employer would fire them for
lying on their paperwork,
Therefore, it's really up to your insurance company, IRS and employer.
If they will remove your ex from all forms, then a divorce is not necessary.
If they won't, call me for a do it yourself divorce. The difference between the internet forms and mine are that mine really work in the State of Texas.
Good luck!
Fran Brochstein
www.familylaw4u.com
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