common law vs legal marriage

[Babylon5]

If a marriage was performed before the divorce was signed and granted, and the divorce was not back dated the first hearing of the divorce. Is the 2nd marriage common law or legal? I want out, and I don't know if I can just leave or do I have to have a divorce. We have no property bought jointly, no children, etc. Everything we have was prior to the marriage. The state is Texas.

 

[I AM ALWAYS LIABLE]

If a marriage was performed before the divorce was signed and granted, and the divorce was not back dated the first hearing of the divorce. Is the 2nd marriage common law or legal? I want out, and I don't know if I can just leave or do I have to have a divorce. We have no property bought jointly, no children, etc. Everything we have was prior to the marriage. The state is Texas.

My response:

In order for Common Law marriage to be effective in Texas, the couple must "register" their relationship with the County Clerk's office. If no such registration took place, then you are not "Common Law" married, and can just take off without requiring a divorce.

It's a good thing you weren't living in, for example, Colorado. In that State, all you have to do is breath sideways, and you're married.

IAAL