Legal Question in Family Law in Texas
Is this an illegal marriage?
In 82 my husband sighned common law marriage papers at a courthouse in Texas. 2 weeks later they split. She left the state and he was told that she got a divorce there. We got married in Lousiana in 93. I have just found out that my husband never got any divorce papers from the ex. I have a feeling she never filed for divorce. Would our marriage be legal?
Helllpp!
1 Answer from Attorneys
Re: Is this an illegal marriage?
If neither party has gotten a divorce, the answer is no. A person can only be married to one person at a time.
If you are unable to locate the wife after a diligent search (including going on the internet and attempting to locate her) then a divorce by publication is possible.
Please be advised that a divorce by publication is a slow process and will cost more than an ordinary divorce.
If you live in the Houston area, I offer a free consultation.
Best of luck to you.
Fran Brochstein
713-847-6000
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