Am I married?

[TexasGirl1969]

What is the name of your state (only U.S. law)? TX

My "husband" got his divorce on a Monday 4 years ago. The 30 day waiting period was waived for remarriage. The following Monday we got married at the courthouse. A couple of days later he received a letter where his divorce was overturned on the same day we got married. His divorce was not finalized until about 6 weeks later.

His ex's attorney told him we were no longer married because he couldnt be married to 2 wives at the same time. He said we would have to get remarried.

It seemed embarrassing to go through all that all over again so we never did. I did get my name changed with our original marriage license. It has been 4 yrs and we just realized tx has a common law marriage law.

Our family knows the circumstances, but most of our friends don't. Lately there are questions as to whether we are married or not. Taxes have continued to be filled separately.

Please advise!!! Am I married??? Should we get remarried?? What about back taxes?? We both make about the same income and we both have children separate from each other and none together.

Signed,

Confused

[LdiJ]

Originally Posted by TexasGirl1969

What is the name of your state (only U.S. law)? TX

My "husband" got his divorce on a Monday 4 years ago. The 30 day waiting period was waived for remarriage. The following Monday we got married at the courthouse. A couple of days later he received a letter where his divorce was overturned on the same day we got married. His divorce was not finalized until about 6 weeks later.

His ex's attorney told him we were no longer married because he couldnt be married to 2 wives at the same time. He said we would have to get remarried.

It seemed embarrassing to go through all that all over again so we never did. I did get my name changed with our original marriage license. It has been 4 yrs and we just realized tx has a common law marriage law.

Our family knows the circumstances, but most of our friends don't. Lately there are questions as to whether we are married or not. Taxes have continued to be filled separately.

Please advise!!! Am I married??? Should we get remarried?? What about back taxes?? We both make about the same income and we both have children separate from each other and none together.

Signed,

Confused

If you are filing taxes separately, as either single or head of household, then that's a pretty big indicator that you do not consider yourselves as married.

If you are filing taxes separately, as married filing separately, that is a pretty big indicator that you consider yourselves to be married.

However, if you behave as a married couple, and hold yourself out to be married in all other ways, you may have a common law marriage, even if you file your taxes as single or head of household. The fact that you changed your name to his is kind of a biggie.

[TexasGirl1969]

So what date would we consider ourselves to be married? We dont wear wedding rings. This is all just confusing to me.

[Zigner]

The 2nd marriage may be valid - but voidable. You really need to talk to a local family law attorney.

Why couldn't y'all run down to the JotP and do a quick ceremony when you found out about this problem?