Legal Question in Family Law in Texas

I can't answer without more information.

You can probably file for divorce.

If you were separated over 2 years then the burden is on you to prove a common law marriage. It's difficult but not impossible to prove.

You need to sit down and talk to an attorney about your options.

I'm headed to Advanced Family Law Seminar in San Antonio. I suggest that you contact PATRICIA BUSHMAN at 713-807-9405. She will see you for free. Bring her your paperwork. She will quote you a price and explain everything to you. I rent an office in her office space. Please tell whoever you talk to on the phone that FRAN sent you. You will like her -- she is smart and a tough lawyer. Her prices are reasonable and she's in court a lot! Don't ask to talk to her on the phone -- she's in court almost everyday so she sees people afternoons, nights and week-ends. Call soon because she books up quckly.

Your husband's marriage is not effective. He will remain married to you until your marriage to him ends. After that, his prior marriage becomes effective as of the date your marriage to him ends. So there is no need for him to remarry in order for his marriage to become effective.

So the short answer to your question is "no." He does not need to get an annullment, divorce you and then remarry. He just needs to divorce you.