Legal Question in Family Law in Texas
Is my marriage is legal or not...controlling ex is saying I'm married to him
I am writing to see if I need an attorney. I was in an abusive relationship for years and my partner (ex) always considered me his wife. I never told anyone I was married to him nor did we ever get a marriage license, etc. My partner was in law enforcement and I never reported him because I figured no one would believe he was actually an abuser & would only bring more harm my way. Anyway,I finally got the courage to leave him and have gotten married since and now my old partner is soon to be married.
I recently filed our taxes and was asked if I had a divorce decree. I forgot my old partner and I had filed joint one year (I think) but I do not have the tax records to verify that. I am happily married now and my old partner is getting married, I just want to ensure my marriage is legal and that I never had to divorce the other. I never carried his last name legally nor did we exchange rings, etc. He would introduce me as his wife but to no one have I ever introduced him as my husband..not even my family nor did I ever say I was his wife.
My husband and I were married in Nevada this past August in a beautiful church wedding. I just want to ensure my marriage is legal indeed. Please advise. Thank you.
1 Answer from Attorneys
Re: Is my marriage is legal or not...controlling ex is saying I'm married to him
Texas calls it an "informal marriage," and is governed by the Texas Family Code. An informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a 3-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. The 1995 update adds an evidentiary presumption that there was no marriage if no suit for proof of marriage is filed within two years of the date the parties separated and ceased living together.
Specifically, it could be considered that you held each other out as married when you filed the joint tax return. Now, you would want to establish by utility bills, affidavits, etc the date of your separation. If two years passed from that date, without filing suit for divorce, then you are presumed unmarried.
This advice relates only to the law in Texas. If you invoked the laws of other states (Nevada) you may need to verify that state's position on your current marriage.
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