Legal Question in Family Law in Texas

I am legally married to my wife of 3 years, and was just served divorce paperwork from an ex. we broke up 4 years ago but she lives in a house we bought together. is this common law divorce legit? I am already legally married with a marriage certificate to my wife of 3 years.


Asked on 4/15/12, 9:30 am

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

If you were never married to your "ex", she can try to file for divorce to divorce prove that property acquired during your marriage to her was community property and have the court divide it. However she has to prove that there was a common law marriage before she can divorce you.

Suggest you review that facts with a lawyer. Don't forget to file an answer by the due date.

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Answered on 4/15/12, 11:49 am
Bob Leonard Bob Leonard Law Group, PLLC

First, there is no such thing as a common law divorce. If you were married to your "ex" then you are not now married to your "wife." If you divorce your ex, and continue to live with your wife, then that marriage will become valid.

If you were not married to your "ex", then you current marriage is valid.

Get a lawyer and file an answer immediately. This is a confusing and unusual situation and you need good advise. When it comes to common law marriage, what most people believe is not true.

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Answered on 4/16/12, 7:21 am


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