DIVORCE help for common law marriage

[Commonlymarried]

I live in Texas and I entered a common law marriage in 2007. We filed taxes among other legal documents as married and presented ourselves as husband and wife. We had insurances togther and leases. My husband abandoned me and his child, which we have together. He stopped paying the utilities and the rent and we were evicted. I moved in with my family and he moves in with his fiance. He is now married to this other woman. I am unemployed because I am a full-time student. Now I am swimming in debt and two evictions. I want a divorce, because I want to clear myself from him. I know he has committed fraud on other things and I'm afraid it will come back on me. Now he is claiming we don't need a divorce because the marriage never existed. It is possible he will get away with this? I know I will have to prove the marriage existed, but I feel extremely frustrated because he is fighting me on this.

 

[OHRoadwarrior]

You must file for divorce, presenting proof these 3 elements have been met to the court,

(1) agree to be married

(2) After the agreement live together, in Texas, as wife and husband AND

(3) "Hold Out" or tell others that they are married.

 

[justalayman]

And since you appear to be married, his new marriage would be void as well as bigamous.


Basically you need to file for divorce.

 

[Commonlymarried]

Well, I have all the proof, but now he is claiming we were never married. I have the landlord willing to testify that he presented us as husband and wife. Will I have to prove to the judge first of a common law marriage? Can I just file the petition for the divorce, without having to prove it first?

 

[OHRoadwarrior]

You can file the petition but will need to have more than just the word of one person. Documents such as jointly filed tax returns and leases for example, saying MR and MRS. or showing John Doe and Jane doe.

 

[Commonlymarried]

I have joint taxes as husband and wife and other legal documents, plus an army that will testify. Thanks for the replies!

 

[OHRoadwarrior]

Good Luck.

 

[Commonlymarried]

bigamy charges

I am common law married, and my husband married another woman...what are the steps do I need to take to file charges for bigamy in the State of Texas. I don't have a common law certificate, but have tax returns and other legal documents proving common law marriage. Will I be able to file charges with having a common law marriage?

 

[Proserpina]

I am common law married, and my husband married another woman...what are the steps do I need to take to file charges for bigamy in the State of Texas. I don't have a common law certificate, but have tax returns and other legal documents proving common law marriage. Will I be able to file charges with having a common law marriage?

Report that he's a bigamist, and the state will take care of it (whether they prosecute or not).

 

[Bali Hai]

I live in Texas and I entered a common law marriage in 2007. We filed taxes among other legal documents as married and presented ourselves as husband and wife. We had insurances togther and leases. My husband abandoned me and his child, which we have together. He stopped paying the utilities and the rent and we were evicted. I moved in with my family and he moves in with his fiance. He is now married to this other woman. I am unemployed because I am a full-time student. Now I am swimming in debt and two evictions. I want a divorce, because I want to clear myself from him. I know he has committed fraud on other things and I'm afraid it will come back on me. Now he is claiming we don't need a divorce because the marriage never existed. It is possible he will get away with this? I know I will have to prove the marriage existed, but I feel extremely frustrated because he is fighting me on this.

You contradict yourself. You don't want to be married to him, yet you want to prove you are married to him. If you say you weren't married to him and he says he wasn't married to you, you don't need a divorce.

Or do you believe there is some financial gain or other for you if you are able prove you were married to him?

 

[tuffbrk]

How long have the two of you been living apart? Have you filed for CS? And if you live with your family how are you dealing with an additional 2 evictions?

I also don't understand - you say you want to "clear yourself" from him, but aren't you already clear of him since he's moved on and is now married to another person? What type of issue do you believe could come back on you? Your tax filings?

 

[not2cleverRed]

How long have the two of you been living apart? Have you filed for CS? And if you live with your family how are you dealing with an additional 2 evictions?

I also don't understand - you say you want to "clear yourself" from him, but aren't you already clear of him since he's moved on and is now married to another person? What type of issue do you believe could come back on you? Your tax filings?

Maybe she's after "marital assets" or alimony. Or wants to share "marital debt".

 

[Bali Hai]

Maybe she's after "marital assets" or alimony. Or wants to share "marital debt".

Yes, like perhaps a student loan?

 

[LdiJ]

I am common law married, and my husband married another woman...what are the steps do I need to take to file charges for bigamy in the State of Texas. I don't have a common law certificate, but have tax returns and other legal documents proving common law marriage. Will I be able to file charges with having a common law marriage?

Stop worrying about the bigamy and worry about getting a divorce. You have the evidence that you were married at common law, simply file for a divorce.

 

[Commonlymarried]

I filed for CS with the OAG and he did not show up. I have a court date for that issue. We have been separated for about 7 months. I understand that I am responsible for the broken leases. He had an affair and left his family. Since I didn't have a job, I couldn't pay the bills that were in our names. He owes the IRS for back taxes. He wrote hot checks and is now being sued by someone else in small claims court for money damages. I had nothing to do with those, however the State of Texas withheld my tax return for this past year for debt he occurred. My social security was tied into it because he listed me as his wife. I had no idea he owed that debt. What I'm afraid of is something else coming back on me. So, I'm just trying to protect myself from all the damage he has created. Separation of debts and so on...As far as his affair, I had no idea this was going on. We were being evicted, so I had to leave...one month later I find out he is engaged. I have not received a penny for CS. I'm just trying to protect my kids and I.