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Common Law Divorce

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cat_4_ever

Junior Member
What is the name of your state? Texas
My husband married another woman without divorcing me first, we live in texas he married her in arkansas. He is now in trouble with the military. He was told that since we were common law married in the state of texas, that there is such a thing as common law divorce. Has anyone heard of such a thing?
 


I AM ALWAYS LIABLE

Senior Member
cat_4_ever said:
What is the name of your state? Texas
My husband married another woman without divorcing me first, we live in texas he married her in arkansas. He is now in trouble with the military. He was told that since we were common law married in the state of texas, that there is such a thing as common law divorce. Has anyone heard of such a thing?

My response:

You said, "He is now in trouble with the military." About what?

You said, "My husband married another woman without divorcing me first". What do you have to show and prove that you were common law married? Did you comply with the Texas laws concerning Common Law marriage?

You said, "He was told that since we were common law married in the state of texas, that there is such a thing as common law divorce." (underlining added) Who told him this? If there was a marriage at all, it would be a "regular" divorce, not a "common law" divorce. There is no such thing as a "common law" divorce.

If you can prove a marriage existed, then he can be charged with "Bigamy". However, if you can't prove a marriage existed, then he's off the hook.

IAAL
 

rmet4nzkx

Senior Member
Adultery is a violation of the UCMJ, most likely at some point during your common law marriage he had you as a dependent, and thus without a divorce on record he is in trouble under UCMJ.
 

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