Prenuptial Agreement - Prenuptial Agreements - Prenuptial Forms - Prenuptial Contract - Legal Forms - Prenup
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Confusion in Marriage - Common Law in Texas.
QUESTION:
My ex and I separated four years ago but had a registered common law Marriage. My current boyfriend and I, with whom I've lived all this time, are discussing Marriage, but I'm not sure whether any divorce laws exist for a registered common law Marriage. I also found out that my ex registered another common law Marriage two years ago. Could that mean that we aren't married?
ANSWER:
Assuming you really were married - by common law or with a license and ceremony - your Marriage must be ended by divorce. So the real dilemma you must solve is whether you were lawfully wed in the first place.
Your state of Texas is one of the few that recognizes common law Marriage. But even in the Lone Star State, merely living together -- although it can seem more than merely, depending on the number of dirty socks the gent generates -- does not mean you are married. You must intend to be married. If you jointly registered your Marriage with a county agency, the law would likely find the necessary intent. The bottom line is that you need a divorce.
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