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  #1  
Old 01-29-2009, 07:53 PM
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married only by law


What is the name of your state (only U.S. law)? tx
I married a man who was still married. I thought my marriage was null in void beacause he didn't say he was still married. How ever when he divorced his first wife my marriage kicked in. If I made 40 this past year and he remained unemployed, is he intitled to half my earnings? If so does have to pay half the taxes if owed? We have not been together since May of last year.
  #2  
Old 01-29-2009, 08:07 PM
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Seniors, feel free to jump in...You cannot legalize an invalid marriage simply by divorcing the first spouse unless the judgment was entered nunc pro tunc back to before the second marriage occurred...marriage doesn't "kick in" please clarify if such a thing happened. That will help us answer the rest.
  #3  
Old 01-29-2009, 08:25 PM
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Location: Rockford, IL
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Quote:
Originally Posted by tiggergirl9 View Post
Seniors, feel free to jump in...You cannot legalize an invalid marriage simply by divorcing the first spouse unless the judgment was entered nunc pro tunc back to before the second marriage occurred...marriage doesn't "kick in" please clarify if such a thing happened. That will help us answer the rest.
From Texas Family Code - Section 6.202. Marriage During Existence Of Prior Marriage:

§ 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.
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  #4  
Old 01-29-2009, 09:52 PM
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Quote:
Originally Posted by meyagriffith View Post
What is the name of your state (only U.S. law)? tx
I married a man who was still married. I thought my marriage was null in void beacause he didn't say he was still married. How ever when he divorced his first wife my marriage kicked in. If I made 40 this past year and he remained unemployed, is he intitled to half my earnings? If so does have to pay half the taxes if owed? We have not been together since May of last year.
Your marriage is voidable due to the bigamy. Get a consult with a local attorney.
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