valid????

What is the name of your state? Texas

i have been married twice now. my 2nd marriage was on 10/10/92 and my divorce degree was finalized to my first husband subsequently, on 10/14/02. am I legally married to my 2nd husband? please tell me I can walk away as that is what I wish to do, and if i am not married to him what do i need to do to reflect this in any county records?

wantingout said:

What is the name of your state? Texas

i have been married twice now. my 2nd marriage was on 10/10/92 and my divorce degree was finalized to my first husband subsequently, on 10/14/02. am I legally married to my 2nd husband? please tell me I can walk away as that is what I wish to do, and if i am not married to him what do i need to do to reflect this in any county records?

Click to expand...

My response:

Well, you'll need to file a Petition to Annul, to basically state that your 2nd marriage was "void" on the ground of bigamy - - thereby, requiring you to admit that you committed that crime.

So, you might want to go the "regular" route and merely file for divorce. Remember, there's a Certificate of Marriage on file for your second marriage, so it's not so easy to merely walk away. If you do, your past is bound to catch up to you - - like it almost did here.

IAAL

wantingout said:

What is the name of your state? Texas

i have been married twice now. my 2nd marriage was on 10/10/92 and my divorce degree was finalized to my first husband subsequently, on 10/14/02. am I legally married to my 2nd husband? please tell me I can walk away as that is what I wish to do, and if i am not married to him what do i need to do to reflect this in any county records?

Click to expand...

In Texas, a void marriage occurs in only two situations. A previous undissolved marriage is one of the two void marriages. However, in Texas once a pre-existing marriage is dissolved, the subsequent marriage becomes a valid marriage. Remember, Texas recognizes as informal/common law marriage created within its boundaries. So if you live together after the first marriage has been dissolved and hold yourself out as husband and wife then the subsequent void marriage becomes a valid marriage. So get the divorce.

Here's the legal authority
TX Fam Code
§ 6.202. Marriage During Existence of Prior Marriage


(a) A marriage is void if entered into when either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse.


(b) The later marriage that is void under this section becomes valid when the prior marriage is dissolved if, after the date of the dissolution, the parties have lived together as husband and wife and represented themselves to others as being married.

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