help me

[SarahBradshaw]

What is the name of your state?Texas

Ok, me and my common law husband seperated in May of this year. He has since gotten married and so I filed for child support. I found out that we have to get a divorce for me to do this and all I need to know is what to do. I know that I have to go get a paper to prove that we are common law married and he has to take it to the court house where he got married. But is that all and will he get into trouble becasue he got married when he was common law married to me? Will he be charged will with perjury or bigamy? Because we honestly didn't know to seperate a common law marriage you had to get a divorce. Help me please. I am going crazy.

[seniorjudge]

Originally Posted by SarahBradshaw

What is the name of your state?Texas

Ok, me and my common law husband seperated in May of this year. He has since gotten married and so I filed for child support. I found out that we have to get a divorce for me to do this and all I need to know is what to do. I know that I have to go get a paper to prove that we are common law married and he has to take it to the court house where he got married. But is that all and will he get into trouble becasue he got married when he was common law married to me? Will he be charged will with perjury or bigamy? Because we honestly didn't know to seperate a common law marriage you had to get a divorce. Help me please. I am going crazy.

If y'all are married by common law, then he is not married to anyone else.

You need to file for divorce and child support.

There is no such thing as common law divorce.

[HomeGuru]

Originally Posted by seniorjudge

There is no such thing as common law divorce.

**A: there is too. Divorce is common in the court of law.

[SarahBradshaw]

But will Dave get into trouble for remarrying while already being married to me even though it was an honest mistake?

[seniorjudge]

Originally Posted by SarahBradshaw

But will Dave get into trouble for remarrying while already being married to me even though it was an honest mistake?

Dave is married to you.

I don't know if he'll get in trouble or not.

[zippysgoddess]

Here is what the law says for Texas Common Law marriages:

"Texas: A man and woman who want to establish a common-law marriage must sign a form provided by the county clerk. In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married."

So if you didn't sign the form provided by the clerk, you may not have been in a legal, common law marriage, so you might not need a divorce at all.

I would recommend consulting with an attorney to double check this information, they will be able to provide more advice that pertains to this issue in your state.