Is This Bigamy ?

[txsky57]

What is the name of your state? Texas
My husband and I had started out living together for 2 years before we decided to get married. At the courthouse they asked us what date we started living together as man and wife. I told them the date and thats what they used as the day we were married. I have recently found out that my husband was still legally married to his first wife on that date and for some time after. My question is, doesn't that void our marriage ? And since we are now separated wanting a divorce, is a divorce necessary?

Thank You
KarrieWhat is the name of your state? Texas

 

[mistoffolees]

What is the name of your state? Texas
My husband and I had started out living together for 2 years before we decided to get married. At the courthouse they asked us what date we started living together as man and wife. I told them the date and thats what they used as the day we were married. I have recently found out that my husband was still legally married to his first wife on that date and for some time after. My question is, doesn't that void our marriage ? And since we are now separated wanting a divorce, is a divorce necessary?

Thank You
KarrieWhat is the name of your state? Texas

If that's the date they put on your marriage license, then you have a problem. You will probably need an attorney to straighten it out.

 

[LdiJ]

What is the name of your state? Texas
My husband and I had started out living together for 2 years before we decided to get married. At the courthouse they asked us what date we started living together as man and wife. I told them the date and thats what they used as the day we were married. I have recently found out that my husband was still legally married to his first wife on that date and for some time after. My question is, doesn't that void our marriage ? And since we are now separated wanting a divorce, is a divorce necessary?

Thank You
KarrieWhat is the name of your state? Texas

So what you did was register a common law marriage rather than actually going through the process of getting married?

Personally, I think that you still need to divorce. While registering a common law marriage is a good thing to do in TX, its not necessary to register one in order to meet the elements to be married under common law. As you obviously treated yourselves as married after you registered the marriage, and he WAS divorced at that point, I think that you are still married at common law, even if the registered marriage had the wrong start date.