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Am I legally married?

San Antonio, TX |
Filed under: Divorce

We were married in 2002... But in 2005 found out he wasn't divorced from his ex. They finalized divorce in 2005. I am now trying to find out if we are technically married so I can file for a divorce if I need to.

Attorney Answers 3


Your question has very interesting set of facts. On the one hand, there was an impediment to the marriage, which has been removed, and on the other hand, Texas is a common law marriage State. In my opinion, a good attorney can argue that you were married "common law" eventhough you were not married traditionaly since there was an impediment. Give us a call, we can discuss further.

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You have not provided enough information. Did you continue to hold yourself out as married after the 2005 divorce? If yes, then your marriage was ratified. If no, then your marriage was void.

However, in either case, if there are kids or property involved you may need to file a divorce or to declare marriage void to handle those issues. Contact a lawyer to help you.

You can read more about this on my blog at:

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If I were in your situation, I would file for divorce regardless. If you don't file for divorce, you run the risk of a judge later on having the opinion that you were married in 2002. This could get messy if you want to be married in the future, or if you have children with someone in the future, or if you die and your estate needs to be probated, or your will probated.
On the other hand, you can make sure you don't have to deal with any of these issues if you get a divorce. It is a bit more expensive than doing nothing and assuming that you weren't married, but I think the expense is worth the possible hassle later.

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