Legal Question in Family Law in Texas

common law

can i be married to someone that was already common law married?

my ''husband'' lived with another woman for three years, they had a child, they filed income taxes together, and she took his name. she now pays him child support since he has the child, although it is not court ordered.

they never divorced, but he married me in 2001.

is our marriage legal? i am looking to get divorced now. we have been seperated since 2004.


Asked on 7/31/08, 9:34 am

2 Answers from Attorneys
Johm Smith tom's

Re: common law

It does sound like you are married and will need a divorce, but talk with an attorney to confirm this. We have a Houston office.

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Answered on 8/01/08, 10:15 am
Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: common law

From the information which you provided, you are married and need a divorce. A claim of common law marriage needs to be brought within 2 years of ceasing to live together. From your timeline, that did not seem to happen. If you live in the Houston area and want to discuss these issues further, please contact me so we can talk.

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Answered on 7/31/08, 10:13 am


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