Never divorced wife 2

[singlepapa43]

I must respectfully disagree. The marriage is not then converted to a common law marriage. It remains as is simply because it is not declared void.

How could it be so in the forty-one states that do not recognize a consensual marriage? Many, if not all, of which (similar to Texas) provide that certain statutory grounds for annulling/voiding a marriage are abnegated because of condonation.

I agree completely Latigo. If the divorce to wife #2 was accomplished during the marriage of the parties in question, with the full knowledge of the latest wife, the latter marriage is valid. If, however, the poster and the groom were divorced PRIOR to her learning that the "husband" was still legally married to another without her condonation (as I interpreted the OP) she has grounds for annulment. This could have effects on property division during their own divorce proceedings. This is an interesting post/situation and hopefully the OP will clear up the ambiguity. I am very interested to see how this plays out.

 

[justalayman]

I must respectfully disagree. The marriage is not then converted to a common law marriage. It remains as is simply because it is not declared void.

How could it be so in the forty-one states that do not recognize a consensual marriage? Many, if not all, of which (similar to Texas) provide that certain statutory grounds for annulling/voiding a marriage are abnegated because of condonation.

Ok, is this better for you:

It is deemed valid because they act in the same way one would in a common law marriage. I dd not say it became a common law marriage. My choice of terms was poor though and I'll accept that. It was simply meant state that they must live in the same manner as they would for their to be a common law marriage hence the comparison; basically a common law marriage. Obviously it is not and is simply validation of the otherwise void marriage.


as to condonation: all I have found it applicable for is in a defense to a divorce and it has nothing to do with the case at hand/


Texas family code

Sec. 6.008. DEFENSES.

(a) The defenses to a suit for divorce of recrimination and adultery are abolished.

(b) Condonation is a defense to a suit for divorce only if the court finds that there is a reasonable expectation of reconciliation

Is it found elsewhere?

 

[justalayman]

singlepapa43;3387954]I agree completely Latigo. If the divorce to wife #2 was accomplished during the marriage of the parties in question, with the full knowledge of the latest wife, the latter marriage is valid.

no, that is not correct. They must live as a married couple, hold themselves out as married couple, and intend to be a married couple lest they were not a married couple, regardless of when the divorce took place.

If they were living separate at the time of the divorce from #2 and did not live together since, they are not married. If the lived together but did not intend for it to be a marriage, they are not married.