Legal Question in Family Law in Texas
I have been served with divorce papers. However, I do not feel we were married - we have lived together, and have a child together, but we never actually got legally married. She has never used my last name and we have always filed our own tax returns as single. I bought a house from my parents a few years ago and hold title as a single man. Since there was not a marriage date, she put that we were married on or around January 1992, however, I was legally married to another woman at that time. She moved out of the house 4 years ago and moved into her own apartment with our child. In the beginning of December, she decided she wanted to move back in, so I let her and then a few weeks later I was served with divorce papers. I thought under Texas law that if a "marriage" wasn't asserted within 2 years of the people no longer living together then a marriage did not exist. From all of the above, does this sound like we have to go through the process of a divorce? Do I have a leg to stand on to fight this charge and say we were not married?
3 Answers from Attorneys
It seems that "she" is claiming common-law marriage (which is allowed in Texas).
You certainly point out several factors that will weigh against there being a common-law marriage.
So to answer your question: Yes, in my opinion you "have a leg to stand on".
But as far as the process, you will need to contest this case in court.
You should consult with an attorney to consider your options.
Good Luck!
Based on what you havw written, it appears that this female is attempting to establish a commom-law marriage. The burden will be upon here to prove the factors required for a common-law marriage, but it seems like you may have a few good points to argue in court.
You may want to consider consulting with a local law firm to assist you with this legal issue. If my local law firm can assist you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for an initial consultation.
Wow! You need to be running into a lawyer's office immediately.
Contact Jeff above.
I also highly recommend PATRICIA BUSHMAN at 713-807-9405. Talk to Jessica in her office and tell her that FRAN sent you.
Good luck!
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