Legal Question in Family Law in Texas
marriage
I have been living with a guy for 24 yrs as common law husband and wife and had 2 kids together. He was legally married to another woman in Tx in the 80's. They moved to Ca after the wedding where she abandoned him and the marriage and had a child by another man. My question is, are they still legally married since she abandoned the marriage?
2 Answers from Attorneys
Re: marriage
Based on what you have written, it might appear that they are still married. There would need to be a determination of the marriage validity. Also, was there ever any court orders disolving the marriage or addressing the child by another man? It appears that the guy whom you have been living with for 24 years should consult with a local attorney to fully discuss the options available. If my local law firm can assist you with this legal issue or any other legal matter, please contact my office at [email protected] to arrange for an initial consultation.
Re: marriage
Yes. Only death or a divorce ends a marriage. In fact, by law, unless it is formally proved otherwise in a Court, any children she has had since that marriage in the "80's" are his.
This is not something he should ignore any longer. If he should die without a Will she would inherit as his wife or if she should die before him, her children would get part of his estate. He needs to get a good family law attorney and get that divorce and make a Will to protect you and your children.
Tell him to feel free to call my office if he wants to set up a consultation.