Asked over 1 year ago - Houston, TX

My wife married another guy while she was still married to me by common law.
We had been separated less than a week
Does this count as bigamy?

Attorney answers (1)

  1. Fran Brochstein

    Contributor Level 17

    Answered . If you can prove that you had a true common law marriage in the State of Texas, yes it is bigamy. You need to talk to a family law attorney in Houston Texas immediately. Her second marriage is not valid if she is still legally married to you.

    Common law marriage is complex in Texas so you must talk to an attorney. You must be able to prove that a common law marriage exists. I assume that you want to file for divorce since she obviously no longer wants to be married to you.

    Since bigamy is a crime. It is up to the District Attorney to prosecute her. Don't expect the DA to prosecute her. It is rarely done. You can take your evidence to the DA office and turn it over to them.

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Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

What is Bigamy and What to Do If You Find Yourself In a Bigamous Marriage

Bigamy is when a person marries someone while still legally married to another person. Each state has its own bigamy laws.

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