Legal Question in Family Law in Texas

I'm remarried but not divorced ,

In 1988 i left my wife and she filed for a divorce, i recieved a copy of the divorce , it was not ever filed my wife never paid the lawyer and he never filed the papers with the courts. My wife kept this a secret (I had custody of minor child ) untill my minor child reached the age of 19 . and now she comes forward after i have been remarried for 8 years , and said we are not divorced. She has filed and it has been granted , i recieved my papers with the filing date and signed by the judge this april,2001. Now what do i do ? Am i legally married to my 2nd wife or do we have to remarry? Help !!!!!!!!


Asked on 4/30/01, 4:57 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: I'm remarried but not divorced ,

First, you'd be surprrised how often I hear this story -- you are definately not unique. Since you re-married thinking you were divorced based on the information you had previously received, don't worry about being arrested for bigamy.

If you live in Texas, then when your old marriage ended legally, then your #2 marriage became ok.

However, at the time the divorce was final, you needed to be living with #2 wife and acting as husband and wife.

The following is NOT legal advice but merely my own opinion: If #2 wife is pissed or upset, go through a re-commitment ceremony to make her happy. Even though it is not necessary, it might bring peace back into your home.

If I have totally confused you, please call me at 713-847-6000.

Fran Brochstein

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Answered on 6/19/01, 9:33 pm


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