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In a Common Law marriage, seperated 2yrs, but he uses your address on driver's license

Wichita Falls, TX |

Common Law husband , unfaithful, leaves for work, and doesn't return. He uses a P. O Box and no physical address other than mine. We have been separated, for 2 years or more. Can I claim spousal support from him, as he was using my address on is driver's license, and other mail.

Attorney Answers 3

Posted

Assuming for the sake of argument that you were common law married and not just living together, there is a rebuttable presumption that you were never married after you have been separated for 2 years or more. Consult with an attorney in person. There are three requirements for common law marriage, living together is only one of them.

Ms. Laster practices in Dallas, Denton, Collin and Tarrant Counties. Principal office located in Lake Dallas, Texas. This does not establish an attorney/client relationship.

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Posted

You need an in-person consultation to determine whether you can assert a common law marriage now. Only after that can you reach the question if what you might be entitled to.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

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The previous responses are accurate. Unfortunately common law marriages in the state of Texas have factual considerations that are often left up to the judge or jury; however the two year statute of limitations is a legal consideration that can dispose the issue of common law marriage in summary judgment if you do not possess the required prongs under the Texas Family Code. It is crucial that you consult a professional prior to filing to avoid attorney's fees. Many attorneys will offer a free consultation.

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