Legal Question in Family Law in Texas

Am I Legally Married?

I would like to know if I am legally married? I currently reside in Texas. I was married for over 10 years and went to court in Georgia for a divorce. The divorce was finalized September 10, 2003. I married someone else September 20, 2003 in Tennesse. My lawyer for my divorce did not file the paper work in the county clerks office until December 22,2003. Was I legally divorced when I appeared in court and the judge granted the divorce on September 10, 2003 or was the divorce legal as of December 22, 2003 when my lawyer filed the paper work? My husband feels that we are not legally married due to a technicality. Thank you for your help and insight.


Asked on 11/14/04, 5:45 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Am I Legally Married?

Divorce law is a state issue. You will need to consult a Georgia attorney to determine the date you were divorced.

Texas recognizes common law marriage. There are several steps that must occur in order to be married by common law in Texas - agreement to be married, not being married to anyone else, intent, holding out to the public, etc. You can read the Texas Family Code available on line for more details.

Good luck!

Fran Brochstein

www.familylaw4u.com

713-847-6000

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Answered on 11/17/04, 10:37 am


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