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In an informal marriage, is a legal divorce by court necessary?

Houston, TX |

My husband and I signed a Declaration and Registration of Informal Marriage form back in September of 2011. Currently he and I have been separated for nearly 5 months now and he has hired legal counsel and has filed for divorce. We are set to go to court regarding the matter August 19th and I'm wondering if a divorce is even necessary in our given situation? However, we have a three year old son whom he is now questioning paternity even though he has always claimed paternity. We married a year and a half after our son was born. In an effort to save myself the cost of the divorce as I am representing myself and am not contesting the divorce or the paternity test. There is no question on my part regarding paternity.

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Attorney answers 3

Best Answer

If you filed a Declaration and Registration of Informal Marriage form them you need a divorce since you are now legally married in the State of Texas.

Of course, since this is a lawsuit, I always recommend hiring an attorney to represent you in court. You can look on this website to find an attorney to represent you. You are located in Houston and there are many attorney in this area.

The divorce will impact your life for many years to come - child support, visitation, child's health insurance, property division, etc.

Good luck!

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Thank you both. My court date is set for August 19th and I absolutely can not afford an attorney. And I'm not so sure I have enough time to go through the application and interview processes of the many free legal aid there is. Still I will try but just wanting to be prepared in the case that I cant find legal aid.

Fran Brochstein

Fran Brochstein


Yes, legal aid in Harris County is pretty full. But apply any way. Go to the August 19th Court date. Agree to DNA testing since it will be court ordered anyway. You might get sent to mediation. If you so can add my name - my rates are low - $250 per side for 4 hours! My phone number is 713-847-6000.


divorce by court necessary


Although it will costsome money to move through the process, I recommend that you at least consult with a local experienced attorney in order to understand your rights and preserve those rights. do not give up merely because you don't have money today. If he should pay child support, then make sure that issue is brought before the court. there are many other issues as well.

Please hire experienced counsel to help you.

The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs.

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