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Are we legally married?

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Charlotte86

Junior Member
What is the name of your state (only U.S. law)? Texas


I have been trying to figure this out, don't know where to turn without paying someone to tell me what to do about it. This might be a lot of information so stay with me.

I married my husband June of this year. The problem is he has (or is) married before and I'm not so sure she is telling us everything. She filed for divorce in Sep 2007,and they have a son together. With the first decree (sent to my husband in September 2008) she and her lawyers drew up, (husband had no attorney) my now spouse didn't like the way it was written about his time with their son, so he refused to sign it until it was changed. In June 2009 they went to mediation and she said a few days after they settled everything that she, with her lawyer went in front of the judge and he granted them a divorce. We have not received ANY notice of this. She claims that we could legally get married but until she pays her lawyers $450, they won't send out the decree. I went down to the courthouse and there is no information of their divorce or a judge granting them one, only their mediation papers on file.

She is supposed to be getting child support but that has never happened. The child support petition was filed June 12, 2009, but nothing is showing up in the file after that. She says her lawyers are hanging on to the paper work but I was told that they cannot do that. If a judge granted them a divorce it needs to be in their file, not being held as collateral until she pays, right?

I called up Travis County Courthouse (where we live, and where they married as well as us) and spoke to the main clerk. She looked up their information, and said since nothing is on file that they are divorced she cannot tell me they are legally divorced. I then freaked out and called up the first divorce lawyer I could find. She wouldn't tell me much, but told me if what I'm telling her is true I might need to seek an annulment.

But then why would Travis county grant us a marriage license if he was still married? Shouldn't that show up in the system or something? I feel she is being shady, and she says that she can't get a hold of her lawyers because every time she contacts them she has to pay! What is going on? PLEASE!!!!
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Texas


I have been trying to figure this out, don't know where to turn without paying someone to tell me what to do about it. This might be a lot of information so stay with me.

I married my husband June of this year. The problem is he has (or is) married before and I'm not so sure she is telling us everything. She filed for divorce in Sep 2007,and they have a son together. With the first decree (sent to my husband in September 2008) she and her lawyers drew up, (husband had no attorney) my now spouse didn't like the way it was written about his time with their son, so he refused to sign it until it was changed. In June 2009 they went to mediation and she said a few days after they settled everything that she, with her lawyer went in front of the judge and he granted them a divorce. We have not received ANY notice of this. She claims that we could legally get married but until she pays her lawyers $450, they won't send out the decree. I went down to the courthouse and there is no information of their divorce or a judge granting them one, only their mediation papers on file.

She is supposed to be getting child support but that has never happened. The child support petition was filed June 12, 2009, but nothing is showing up in the file after that. She says her lawyers are hanging on to the paper work but I was told that they cannot do that. If a judge granted them a divorce it needs to be in their file, not being held as collateral until she pays, right?

I called up Travis County Courthouse (where we live, and where they married as well as us) and spoke to the main clerk. She looked up their information, and said since nothing is on file that they are divorced she cannot tell me they are legally divorced. I then freaked out and called up the first divorce lawyer I could find. She wouldn't tell me much, but told me if what I'm telling her is true I might need to seek an annulment.

But then why would Travis county grant us a marriage license if he was still married? Shouldn't that show up in the system or something? I feel she is being shady, and she says that she can't get a hold of her lawyers because every time she contacts them she has to pay! What is going on? PLEASE!!!!

There is no central database which cross-references prior marriages/divorces with new marriage license applications...although many (if not most?) jurisdictions do require proof of a divorce (that's assuming the application actually asks the question).

I have no idea why your husband didn't take care of this himself; it wouldn't cost him anywhere near that to get a copy of his own divorce decree..and no, the court would NOT withhold a final entry hostage until she paid off her attorneys.

However based upon what you've said, it would appear at least on the surface that he wasn't divorced before he married you.
 
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Dave1952

Senior Member
Perhaps his first wife filed in the county where he or she lived in Sept. of 2007. Look at those court records. Yes, you are married, though your husband may be guilty of bigamy. If he is then you may seek an annulment or remain married. That your husband is not paying child support says a lot about him. An annulment would probably be cheap

Good luck
 

ecmst12

Senior Member
Annullments are generally NOT cheap.

Do you want to be married to him? If so, all you will probably need to do is marry him again after the divorce becomes final.

Meantime, your "husband" needs a divorce lawyer to file those papers ASAP. Ex's attorney apparently isn't going to file them until she gets paid.
 

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