Legal Question in Family Law in Texas
Common Law
Is it nessary to get a devorce from a common law marriage before you can get married to someone else?
2 Answers from Attorneys
Re: Common Law
In a word: Yes. But, most people don't understand the technical requirements to a common law marriage, so it's possible that their hasn't been one.
Three things are required to be present:
1. Live together as man and wife
2. Agree to be married -- NOT "to get" married, but to PRESENTLY be married
3. "Hold yourselves out" to be married
Re: Common Law
Generally speaking, yes.
If you have been separated over 2 years it is a rebuttable presumption that the parties did NOT enter into an agreement to be married.
You can read it in the Texas Family Code Chapter 2, Subchapter E - Marriage without formalities -- specifically Section 2.401.
If you have any questions, you can call me next week.
Merry Christmas!
Good luck!
Fran Brochstein
www.familylaw4u.com
713-847-6000
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