Legal Question in Family Law in Texas
Was i legally married
In May 1999 I married in Arizona to a man who had been formerly common law or informally married to another woman for 18 years prior. They resided in Texas for 8 of those years, had 3 children all carry his name, they had joint accounts and filed taxes together. They never filed for a divorce. I have been trying to obtain a divorce for over a year and he is constantly calling and harassing me and asking our daughter for information, she is only 5 years old. He has previous substance abuse problems, although he tells me he has been straight for over 100 days. I am going for full custody of my child because of this issue, but my question is since the State of Texas and the Federal Government recognized them as a married couple and they received benefits as such shouldn't he have filed for and obtained a legal divorce prior to our marriage? Thank you
1 Answer from Attorneys
Re: Was i legally married
In Texas, to end a common law marriage a divorce must be filed within 2 years of the date the couple separated.
It does not sound like they ever divorced in Texas. However, it also sounds like it's been over 2 years since they separated so no Judge in Texas can grant them a divorce.
I hope this has not totally confused you!
Good luck!
Fran Brochstein
www.familylaw4u.com
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