Legal Question in Family Law in Texas

My husband divorced his first wife about 2 years before he and I got married. Then when his ex wife attempted to adopt a child we found out there divorce had never been filed with the courts. Is our marriage legal ? Or is it void because of the first marriage. He has resolved the problem as soon as we knew about it.


Asked on 12/31/11, 11:20 pm

3 Answers from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

If their divorce has now been finalized, your marriage is perfectly legal and binding now. It wouldn't have been during the period of time prior to the divorce becoming final. In most cases, scary as the situation seems, it will all be okay once the divorce comes through. If you've acquired any significant property during the time period in question, you really should see an attorney who can help you ensure that it belongs to whomever it should belong to.

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Answered on 12/31/11, 11:59 pm
Keith Engelke Law Office of S. Keith Engelke

I agree with Ms. Foley. If you marry before the first marriage ends, your marriage is void. However under Texas Law, once the first marriage ends, the second marriage is revived.

I suggest you make sure the problem has been resolved by checking the records of the district clerk in the county where the divorce was filed.

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Answered on 1/01/12, 12:29 am


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