Legal Question in Family Law in Texas
Can an informal marriage be prosecuted for bigamy if:
when the two said we are married: one of them was LEGALLY married to someone else, and had not filed for divorce?
Asked on 8/05/14, 12:23 pm
2 Answers from Attorneys
Fran Brochstein
Attorney & Mediator
Since you can only be married to one person at a time, no common law marriage can occur. So based on the info you provided there was no common law marriage in the State of Texas. Sorry!
Answered on 8/05/14, 12:47 pm
Keith Engelke
Law Office of S. Keith Engelke
Not so sure. The bigamy statute 25.01(a)(1) of the Texas Penal Code does not necessarily require a second formal marriage:
or
(B) lives with a person other than his spouse in
this state under the appearance of being married;
The question is what "under the appearance of being married" means. One of the criteria for informal marriage is holding yourselves out to be husband and wife.
Answered on 8/05/14, 1:15 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
