Legal Question in Family Law in Texas

I have been living with a girl for 8 months without formal marriage being filed, and then I separated and it has been 9 months since I separated. Now I want to get married formally with another girl. Do I need to get divorce from my ex wife in law? If I don't do that What is the punishment of it?


Asked on 5/30/11, 6:13 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Merely living with a girl does not create a common law marriage.

If there is no common law marriage, then you don't need a divorce.

In the State of Texas, you need to do several things in order to establish a common law marriage. These things are clearly stated in the TX Family Code. It is on-line. You have to do certain things -- such as agree to be married, and tell people that you are married.

So if you were just "engaged" then you were never married.

If you signed a lease as "married" or filed your taxes as married or bought car insurance or health insurance as married, then you are probably married. Then you need a divorce.

Please don't get married if you think you are married to this girl. Then you would be a bigamist. This is illegal in the State of Texas. It is a criminal matter. Plus, it will really upset your new bride if you turn out later to be married to the first woman!

If you are not sure if you are married, then sit down with a family law attorney in your county and pay for an hour of that attorney's time & figure out if you are married or not. Then you will be sure.

Better safe than sorry.

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Answered on 5/30/11, 7:43 pm


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