Legal Question in Family Law in Texas

in texas if a woman marrys a man and years latter finds out he did not use his real last name on the marriage license and marriage certificate is she legally married? And if if not how does she go about getting the proof that the marriage wasnt legal?


Asked on 5/13/11, 6:31 am

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

She probably is still married. It might be possible to annul the marriage based on fraud but it is difficult after that length of time. In spite of any irregularities in the formal marriage, they intended to be married, cohabited, and held themselves out as married; that makes them common-law married at the least.

If BOTH parties want to not be (or have been) married, they can file for an annulment and present the judge an agreed order. The judge will probably approve it.

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Answered on 5/13/11, 10:46 am


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