Legal Question in Family Law in Texas

Common-Law divorce

I would like to know if my son has to get a divorce from his common-law girlfriend if kids are involved. How long will it take? If DNA test should be done on the kids.


Asked on 6/07/06, 12:04 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Common-Law divorce

If you son and his common law wife meet the legal test for common law marriage, then a divorce is required particularly if there has been any property acquired during their arrangement which will be an issue in the breakup. The issue of the children can be decided in a Suit Affecting the Parent Child Relationship. If there is any doubt in his mind whether he is the father of the children, then a DNA test can be taken, but he will have to pay for it.

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Answered on 6/07/06, 12:15 pm


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