Legal Question in Family Law in Texas
If my wife was married before and was never divorced. Are we married and would I need to get a divorce filed?
1 Answer from Attorneys
If she was married when you married her, then you can file a petition to have your marriage declared void. If, however, she divorces (or has previously divorced) and the two of you continue to live together and claim that you are married, then your marriage to her will be valid from that point on. Some of the issues in a case to void the marriage will be similar to a divorce since you both have property that needs top be divided; except in this case, the court is not dividing community property but rather deciding and confirming what separate property each of you have. It is entirely possible that you would each have individual property and jointly owned property.