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Did he commit bigamy??? :-(

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shaysmom389

Junior Member
What is the name of your state (only U.S. law)? TEXAS

February 28th my Husband and I got married.. (Well so we think!!!!)

We did a traditional wedding... Not by JP or anything like that.

Well, last night we get a call from my husbands ex saying that she talked t a lawyer (about his daughter who we have had physical custody of since feb 27th) and they told her that him and his ex have to get a divorce?????

They lived together for 2 years and have a 2 year old daughter.

They filed for tax returns together but they never got MARRIED in any way shape or form...


So my question is.. Are they married.. And so if they are does that mean our wedding meant nothing?? That we are not married???

What are the requirments for "common law marriage" in texas and do they have to get a divorce???

Thanks in advance
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? TEXAS

February 28th my Husband and I got married.. (Well so we think!!!!)

We did a traditional wedding... Not by JP or anything like that.

Well, last night we get a call from my husbands ex saying that she talked t a lawyer (about his daughter who we have had physical custody of since feb 27th) and they told her that him and his ex have to get a divorce?????

They lived together for 2 years and have a 2 year old daughter.

They filed for tax returns together but they never got MARRIED in any way shape or form...


So my question is.. Are they married.. And so if they are does that mean our wedding meant nothing?? That we are not married???

What are the requirments for "common law marriage" in texas and do they have to get a divorce???

Thanks in advance
Did they file a joint tax return? Or did he simply claim her and the child as dependents?

If they filed a joint tax return, that's one of the bigger elements of a common law marriage.

He should get a consult with an attorney himself....ASAP
 

shaysmom389

Junior Member
I am pretty sure he filed as jointly...

He talked to an attorney 3 weeks ago discussing his daughter and he told her about us being married and stuff and she never said anything about any of this..

So what happens now other than seeking an attorney.. Because we are already married.. And already filed out tax returns as joint and married???

If he is common law married to his ex does that mean that we are not legally married although we had a traditional marriage and everything???

Thanks and sorry if I am confusing you or asking to many questions.. My mind is jumbled!!!
 

LdiJ

Senior Member
I am pretty sure he filed as jointly...

He talked to an attorney 3 weeks ago discussing his daughter and he told her about us being married and stuff and she never said anything about any of this..

So what happens now other than seeking an attorney.. Because we are already married.. And already filed out tax returns as joint and married???

If he is common law married to his ex does that mean that we are not legally married although we had a traditional marriage and everything???

Thanks and sorry if I am confusing you or asking to many questions.. My mind is jumbled!!!
If he didn't mention to the attorney when he talked to the attorney that he had filed joint tax returns with the child's mother the attorney would have had no idea that a common law marriage might have been an issue for him.

He now needs to go back and talk to the attorney again, letting the attorney know that the mother is stating that a common law marriage exists, and that they did file one or more joint tax return. The attorney will then ask him other questions to help determine if a common law marriage existed. The attorney can also then advise him regarding the validity of YOUR marriage.

This is something that I have encountered before with TX people. Apparently there are quite a few tax preparers in TX who encourage cohabitating couples to file joint tax returns, for the tax benefits that they can receive from doing so, without taking into consideration the fact that doing so establishes a common law marriage, requiring a divorce when/if they split up.

Another issue that is a problem, is if the attorney establishes that they were NOT married under common law, then they filed fraudulent tax returns.

So...for any TX couple who might read this thread, who are being encouraged by anyone to file a joint tax return when they are not formally married, please get advice from both a family law attorney and several tax professionals, before doing so.
 

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