Legal Question in Family Law in Texas

I actually have two questions, my husband was married to another woman when we got married .i did not find this out untill after we had been married for a while. when i found out i left and proceeded with legal charges, after the charges were filed we had talked and he promised he would get a divorce from his first wife, it has been almost a year and no divorce i am ready to follow up with the charges. and i believe that i can now prove intent because he is still married to the woman even after i had told him that he needed a divorce and a judge told him of the penality a year ago and he has done absolutely nothing and i am the one being lied to on a daily basis.

what should i do if my county attourney will not take the case it is a clear case of bigamy.


Asked on 9/24/09, 2:02 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

There's really no way to force a prosecutor to prosecute. They have "discretion," just like the policeman who sees a crime but doesn't make an arrest (or give a traffic ticket).

On the civil side, if you file for divorce from him, you are what is called a "putative wife," and your situation may fall under the auspices of Davis vs. Davis, 521 SW2d 603 (1975).

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Answered on 9/29/09, 6:10 pm


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