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I'm getting married tomorrow to a man that has never been married, but has children with another woman. Will my marriage be v

Katy, TX |

Will my marriage be valid? I even have his ex girlfriend on tape recorder stating they were never married!

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Attorney answers 2

Posted

Just because a person has children with another woman does not mean that he was married to her. First there must be an agreement to be married. If they did not hold themselves out to others in the public (friends, family, etc.) to be married, then they were likely not common-law married and your marriage is valid. (If they held themselves out as married, then he must obtain a divorce before a subsequent marriage would be valid. I would keep the recording.)

Posted

Yes, your marriage will be fine. Having children out of wedlock does not affect marital status.