Someone Help Me! Before I Leap!

What is the name of your state? Texas. I think that even though my boyfriend has been seperated from his previous girlfriend for over 8 years and they never officially got married, that they are legally married now!! The reason is she changed all her name on all of her official documents, drivers license, social sec. card, etc. I don't know how she did it without a marriage license but she did. I have asked a family law clerk and he seems to think since they were together for 15 years, had a child, filed taxes together and she changed her name on all documents that they are legally married and will need to file a decree of divorce to disolve the marriage before either one can get married again. The other kicker to this is that she has married someone else and on the marriage license she put she had never been married. So before I say yes, I need to know what needs to be done to be legal.!!!!

[LdiJ]

Originally Posted by jasha1954

What is the name of your state? Texas. I think that even though my boyfriend has been seperated from his previous girlfriend for over 8 years and they never officially got married, that they are legally married now!! The reason is she changed all her name on all of her official documents, drivers license, social sec. card, etc. I don't know how she did it without a marriage license but she did. I have asked a family law clerk and he seems to think since they were together for 15 years, had a child, filed taxes together and she changed her name on all documents that they are legally married and will need to file a decree of divorce to disolve the marriage before either one can get married again. The other kicker to this is that she has married someone else and on the marriage license she put she had never been married. So before I say yes, I need to know what needs to be done to be legal.!!!!

They do certainly meet all the criteria for a "common law" marriage. However, unless either she or your son wants to assert that common law marriage for some reason, a divorce may not be necessary. Don't just consult a law clerk, consult an attorney.

[VeronicaGia]

She could do it because TX recognizes common law marriage. You'll need to look up TX common law marriage for the requirements of what can be considered common law marriage. Then talk to an attorney. Honestly, your boyfriend is the one who should be doing all this, not you.

[rmet4nzkx]

Texas recognizes common law marriage and his ex gf/wife did nothign illegal changing her name on documents, however, there is no such thing as common law divorce and that may or nor be something of which they were aware and thus, no divorce. They will have to get a divorce, something your bf can initiate, if their marriage occured in Texas or another state recognizing common law marriage. Insofar as her subsequent actions marrying and any claims made your bf is not at fault for that and perhaps, not even any intentional fraud.

This is your bf's business between him and his wife. Needless to say, should you two enter into any form of marriage, you will want to make sure this is cleared up.

[BelizeBreeze]

In order to enter into a vailid marriage in Texas, whether ceremonial or common law, the parties must possess the requisite capacity to marry. In order to establish a valid marriage in Texas, the parties must:

Be a man and woman (Texas Family Code §2.001 and §2.401);

Not have been divorced within the past thirty days [Texas Family Code §2.002];

Not be presently married to a third party [Texas Family Code §2.002];

Be eighteen years of age [Texas Family Code §2.102[, unless the underage party has secured an order from the court granting permission to marry [Texas Family Code §2.103[, or has proof of parental consent [Texas Family Code §2.202]; and

Not be related as an ancestor or descendant, related by blood or adoption, nor be siblings by whole, half blood, or by adoption, nor may either be a parent, brother, or sister by whole or half blood, nor be the son or daughter of a brother or sister by whole or half blood [Texas Family Code §1.03 and §1.92]

In essence, the parties to a informal marriage, like ceremonial marriage, must be of the opposite sex, of legal age, and possess no legal impediment, such as those concerning kinship or the existence of a current marriage.

A finding of the existence of a common law or informal marriage is only justified if the evidence shows that the parties agreed to be married, that they lived together in Texas as husband and wife, and they have publicly represented themselves as married. All three of these requisites must exist at the same time. In addition, the common law marriage without formality statute precludes proof of the existence of an informal marriage if the acts occurred in a state other than Texas.

Among those states that permit a common-law marriage to be contracted, the elements of a common-law marriage vary slightly from state to state. The indispensable elements are (1) cohabitation and (2) "holding out." "Holding out" means that the parties tell the world that they are husband and wife through their conduct, such as the woman's assumption of the man's surname, filing a joint federal income tax return, etc. This means that mere cohabitation cannot, by itself, rise to the level of constituting a marriage. Of course, many disputes arise when facts (such as intentions of the parties or statements made to third parties) are in controversy.

The United States Constitution requires every state to accord "Full Faith and Credit" to the laws of its sister states. Thus, a common-law marriage that is validly contracted in a state where such marriages are legal will be valid even in states where such marriages cannot be contracted and may be contrary to public policy.

There is no such thing as common-law divorce. Once parties are married, regardless of the manner in which their marriage is contracted, they are married and can only be divorced by appropriate means in the place where the divorce is granted. That means, in all 50 states, only by a court order.