I was married to my wife for 3 years when I left her for someone else. We have now been together for over a year and she is expecting my first baby. My soon to be ex wife filed for divorce but it has not been finalized yet. Me and my current girlfriend live in Texas and are no longer happy together does common law apply? If so how will property be split?
You cannot be legally married to more than one person at a time. So, if you are still married to your previous wife, you will not be common-law married to someone else.
Although divorce won't apply with your girlfriend, I suggest you meet with a family law attorney to discuss establishing a legal relationship with your new baby. They might be able to help with division of the property you acquired with your girlfriend.
You get one wife at a time. Until you and your first wife are finally divorced, you cannot legally marry,either ceremonially or by common-law. You and your girl-friend would then have no community property. You may have bought things together, but those things aren't "community" property. You may need to swap each other for the items.
I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.
I agree with my colleagues - you cannot be considered to be in a common law marriage with someone while you are still married to someone else.
As far as the property split goes, your current girlfriend will not be entitled to a share of your property under community property rules - but your wife will be entitled to a "just and right" share of the assets you have accumulated during the marriage, which is still ongoing. There is no concept of legal separation in Texas.
Although your girlfriend won't get community property rights, she will likely be able to get child support from you by filing through the Attorney General's office, unless you are able to successfully deny paternity. According to state guidelines, for one child that amount would be 20% of your net income, withheld from your paycheck.
These answers are provided for educational purposes only, and should not be construed to be either formal legal advice or the formation of a lawyer/client relationship. For specific legal advice that applies to your individual situation, you must be a client of this law firm.
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