I have a question about common law marriages in Texas...My fiancé is in a child support battle with his ex right now. Ok here is the deal he left her two years ago. But, she just recently married someone else. Was she supposed to file something with the court divorcing my fiancé first before she married this other guy. The lawyer he talked to said that she can use this against her since she never filed anything with the court divorcing my fiancé and that she committed bigamy and can get up to 10 years in prison for that? Is this true how does this process work? We are supposed to be getting married in 3 weeks so how can he marry me if he is still legally common law married to his ex and can he even use that against her in court? Can someone please help me.
You're going to want to speak with your fiance's attorney about this issue. In general, nothing needs to be filed to establish a common law marriage. It is something that you claim after-the-fact, usually in a situation like this or when someone wants half of their boyfriend or girlfriend's money and property after a breakup. If he is asserting in Court that he is still common law married to this other woman, then you shouldn't try and marry him, that might hurt his case (it definitely would). However, if she's already married and he's not raising the issue, then it's a nullity, they were never common law married, she's married someone else, and so can he. So, speak with his attorney about this before you two go any further. If he doesn't have one, then he needs to get one, yesterday.
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Your fiancé and his lawyer need to determine whether he's free to marry.
The lawyer probably won't communicate with you directly because you are not the client.
It would be foolish to get caught up in punishing the ex wife. Your fiancé and you should focus on whether a divorce is necessary and building your life.
The ex will be part of your lives, that is a given because he shares children with her. Don't create unnecessary drama that will negatively impact the next decades.
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.
Depends on how they are common law married. If just holding out then after 2 years passes neither can claim common law. If filed documents with court to declare common law then you have to file for divorce. Her marriage to new guy would be valid the day divorce is final. As far as bigamy... why go there? Be glad she moved on.
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