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texas.... legally divorced or not ??

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Daizis4Me

Guest
texas.... legally divorced or not ??

in april of 1998 my husband & i separated and started seeing others.He filed for divorce & i paid half.i signed a waiver or something,i didn't have to be there.we have 3 boys & that is one thing that I promised him when the oldest was born,that i would never take his boys from him,and gave him full custody.early august of 1998 we started talking & we moved back in together as husband & wife, forgetting about the divorce proceedings.we celebrated our 8yr anniversary mid september and the last week of september got the finalized papers in the mail.we have been living together as husband & wife since.his parents knew about the divorce proceedings,but none of my family knew at the time,only my dad & stepmom know now.only a couple of people that we know,know of the divorce.january of 2003 he told me he was seeing someone.i want us to stay together. are we legally divorced? he was living at a differt address than i when he filed,but we were back together before it was finalized. can i contest this or is it too late? or are we "common law"? if he leaves can i make him file again? can i take my boys this time? i don't want us to be over,but if it comes to that i want my kids! please help !!
 


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Boxcarbill

Guest
Daizis4Me said:
texas.... legally divorced or not ??

in april of 1998 my husband & i separated and started seeing others.He filed for divorce & i paid half.i signed a waiver or something,i didn't have to be there.we have 3 boys & that is one thing that I promised him when the oldest was born,that i would never take his boys from him,and gave him full custody.early august of 1998 we started talking & we moved back in together as husband & wife, forgetting about the divorce proceedings.we celebrated our 8yr anniversary mid september and the last week of september got the finalized papers in the mail.we have been living together as husband & wife since.his parents knew about the divorce proceedings,but none of my family knew at the time,only my dad & stepmom know now.only a couple of people that we know,know of the divorce.january of 2003 he told me he was seeing someone.i want us to stay together. are we legally divorced? he was living at a differt address than i when he filed,but we were back together before it was finalized. can i contest this or is it too late? or are we "common law"? if he leaves can i make him file again? can i take my boys this time? i don't want us to be over,but if it comes to that i want my kids! please help !!
First issue first. You were formally married and legally divorced on the date that the decree states that the order was judicially signed (Sept. something of 1998). If the intent was any different than to be divorced, you (meaning the both of you) would have filed a An Agreed Motion to Dismiss and Order. Therefore if there was a marriage it was subsequent to the entry of the divorce.

Texas does recognize an informal marriage created in its boundaries. The requirements or (1) co-habitation in the Texas (2) an intent to married (presumed if (1) and (3) are proven) and (3) a holding out to others as husband and wife. However, to assert the informal marriage and to have the benefit of the presumption of number (2), a proceeding to establish an informal marriage must be brought before the second anniversary of the date of separation or Texas law presumes that there was not an intention to be marrried.
 

kat1963

Senior Member
In the divorce, you gave him full custody? It's time to see a GOOD Family Law Attorney NOW. You might also want to review some parenting plans (since you commented you would never take the boys away, good for you by the way, kids need both parents) here is link to one, there are several more on the site if you do a search.
http://www.deltabravo.net/custody/pplan4.htm
Good Luck!
KAT
 

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