Legal Question in Family Law in Texas
If she's not really married, what are her rights?
My friend (really) found out 2 years ago that when she married, her husband had not finished the divorce,in another state, to his second wife. They live in Texas, but were married in Tennessee. I am under the inpression they took out a license there. (He had never told anyone about the 2 previous marriages and children.) I suspect she is not married now, and they have not made it legal. He is afraid he committed bigamy, not intentionally. He was trying to keep his past secret and wanted to keep No.3 happy.
He is older, and travels a lot for work. She is worried about her rights and inheritance. I think she needs to see an attorney, pronto. He said he hired someone 2 years ago, but has not heard anything. Sounds like bull to me.
She does not want to leave him, and doesn't want to ''nag''. He is apparently not motivated (properly) to do anything and it is making her miserable.
Any advice I can give to her, as a friend? And, yes, I'm appreciating my husband a lot more.
1 Answer from Attorneys
Re: If she's not really married, what are her rights?
If he is not divorced, it is bigamy which is a felony in TX. Maybe that would motivate him, but who is going to give him the news? Since your friend is not legally married, she has no rights as a spouse in TX or anyplace else that I know of. She can't be common law because that is a recognized marital union in TX. Good luck on trying to fix this one for your friend. I hope it doesn't take bigamy for you to appreciate your husband.
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