• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Previous Marriage

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

AM I SCREWED

Guest
What is the name of your state? MARRIED IN MICHIGAN LIVE IN TEXAS

My wife and I are going thru some rough times, and at the moment things are not looking good. Today she informs me that her 2nd husband did not file the divorce papers when he said he had and she has known about it for over a week. Cut and dry the divorce was not legal till two months after we were married. I know that it is her responsibility to make sure of that divorce, and that it probably voids my marriage with her. Is there anything that might legaly bind her to me as far as being unfaithful. What is the end result of community property and gifts before and during the marriage.
 


B

Boxcarbill

Guest
AM I SCREWED said:
What is the name of your state? MARRIED IN MICHIGAN LIVE IN TEXAS

My wife and I are going thru some rough times, and at the moment things are not looking good. Today she informs me that her 2nd husband did not file the divorce papers when he said he had and she has known about it for over a week. Cut and dry the divorce was not legal till two months after we were married. I know that it is her responsibility to make sure of that divorce, and that it probably voids my marriage with her. Is there anything that might legaly bind her to me as far as being unfaithful. What is the end result of community property and gifts before and during the marriage.
__________________________________________________
My response:

So you had a formal marriage in Michigan that is void because the first marriage was not dissolved at the time of marriage. (I don't know whether Michigan has common law/informal marriage and I'm to lazy to look it up. But then you moved to Texas and I do know that Texas recognizes an informal marriage that fits the statutory requirements. Those being:

§ 2.401. Proof of Informal Marriage

(a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:

(1) a declaration of their marriage has been signed as provided by this subchapter; or

(2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.

(b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.

(c) A person under 18 years of age may not:

(1) be a party to an informal marriage; or

(2) execute a declaration of informal marriage under Section 2.402.

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. Amended by Acts 1997, 75th Leg., ch. 1362, § 1, eff. Sept. 1, 1997.

You can read the other post "Divorcing, on disability, no job, no income, TX" that I just answered regarding community property and separate property.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top