Legal Question in Family Law in Texas

My fiance & I want to get married he has an ex-girlfriend which they lived on and off and have 2 kids he went to court and pays child support, does he have to file for divorce? They never married in the state of Texas?


Asked on 11/16/09, 11:25 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

If they were never married, then he doesn't have to file for divorce.

An informal marriage in Texas ("common-law marriage") happens when two people live together AND

1. have an agreement to be married IN THE PRESENT TENSE (not an agreement to get married someday in the future) or

2. represent themselves to others as being married ("Hi, I'd like you to meet my wife Joan").

Merely living together does NOT establish an informal marriage. Having children together does not establish an informal marriage.

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Answered on 11/21/09, 5:21 pm


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