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Do I need a Divorce

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What is the name of your state? Texas

Do I need a divorce?
My ex partner and I adopted our son almost 7 years ago. In the adoption papers, I think the wording makes it seem as though we are legally married, but we were not or should I say are not. Not sure how to word this. But now that my son is on Medicaid it has come to my attention that the great state of Texas is seeing me as a married woman, and I did not sign a marriage certificate, and I am now engaged with someone else. Please hep if possible.
 


Just Blue

Senior Member
What is the name of your state? Texas

Do I need a divorce?
My ex partner and I adopted our son almost 7 years ago. In the adoption papers, I think the wording makes it seem as though we are legally married, but we were not or should I say are not. Not sure how to word this. But now that my son is on Medicaid it has come to my attention that the great state of Texas is seeing me as a married woman, and I did not sign a marriage certificate, and I am now engaged with someone else. Please hep if possible.
How did you and your partner (same sex?) manage to adopt a child if you were not married? Was this a foster child?
 

Taxing Matters

Overtaxed Member
You either are married or are not. If you are married then you need to get a divorce from your present spouse before you enter into a new marriage. If you are not married, then there is no divorce to get. If the state office that handles Medicaid thinks you are married when, in fact, you are not then you need to contact that office and find out how to correct that error in its records.
 

LdiJ

Senior Member
What is the name of your state? Texas

Do I need a divorce?
My ex partner and I adopted our son almost 7 years ago. In the adoption papers, I think the wording makes it seem as though we are legally married, but we were not or should I say are not. Not sure how to word this. But now that my son is on Medicaid it has come to my attention that the great state of Texas is seeing me as a married woman, and I did not sign a marriage certificate, and I am now engaged with someone else. Please hep if possible.
Texas recognizes common law marriages in two ways. One way has to do with people who register a common law marriage and another way is people who behave as married in certain aspects. The latter could include adopting as a "married couple" as well as several other issues.

You likely need a consult with a local attorney, but my guess is that you probably need a divorce.
 
How did you and your partner (same sex?) manage to adopt a child if you were not married? Was this a foster child?
I guess I should clarify partner is not a
Same sex partner. And yes our son was in the foster care system but he was also my ex’s biological nephew. He and I took him in when he was almost 2 months old.
 

Just Blue

Senior Member
I guess I should clarify partner is not a
Same sex partner. And yes our son was in the foster care system but he was also my ex’s biological nephew. He and I took him in when he was almost 2 months old.
Thank You for clarifying. Are you sure you didn't purport to be common law? I have never heard of a non-married couple being able to adopt a child...even if the child is biologically related to one of the parties.
 

Just Blue

Senior Member
I sent a p.m. to one of the attorney's that volunteer here...hopefully he will stop in at some point and be able to offer some insight for you. It may take a couple of days tho...
 
Thank You for clarifying. Are you sure you didn't purport to be common law? I have never heard of a non-married couple being able to adopt a child...even if the child is biologically related to one of the parties.
I don’t think that I did but at the time we had been together for almost 12 years, living together and everything. So maybe it was just assumed but our attorney spoke mostly to him and my ex used to refer to me as his wife so that may have been dropped to the attorney.
 
I don’t think that I did but at the time we had been together for almost 12 years, living together and everything. So maybe it was just assumed but our attorney spoke mostly to him and my ex used to refer to me as his wife so that may have been dropped to the attorney.
I should also state that he is still legally married to his first wife. They were married in AZ. I don’t know if this makes a difference.
 

Taxing Matters

Overtaxed Member
I should also state that he is still legally married to his first wife. They were married in AZ. I don’t know if this makes a difference.
It does. In every state of the U.S. you may only be married to one person at at time. Entering into a second marriage while still married to the first spouse is the crime of bigamy. It also makes the second marriage void. So he might be subject to criminal prosecution if, in fact, the two of you entered into a common law marriage while he was still married to someone else.

If you and he misrepresented to the state that the two of you were married when you did the adoption when, in fact, you were not married, that too may be criminal and could get you both prosecuted.

It's good that you are looking now for a family law attorney to help you sort this mess out. The sooner you fix whatever problems may exist here, the better.
 

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