Common-law marriage/divorce

[nonie37]

My jurisdiction is: TX

Will keep this brief due to some paranoia on my part. I left spouse almost 1 yr ago. We still reside in the same state and there has been a considerable amount of mutual contact. I finally discussed with him the fact that I was contemplating filing for a divorce. I still care and love him and I was hoping this might be the opening for a frank discussion about our relastionship. We have known each other almost 30 years. He simply smirked and stated that we were NEVER married. I see the situation quite differently. Need some advice please. Thank you.

 

[irish223]

You didn't ask a question, but if you want to know if you meet the requirements for common-law marriage, check here:

http://www.co.travis.tx.us/dro/common_law.asp

 

[nonie37]

I appreciate your response. I do meet the requirements as I had believed. We even had a marriage ceremony witnessed by family and friends. His denial most probably is not wanting to give me anything. He has not helped me at all since I left. I have been struggling simply to meet the bills and put food on the table. No money for attorneys. Is is possible there is some loop hole with which the court could deny me a divorce?

 

[irish223]

I'm not aware of one, but I'm not a lawyer. Since you can prove that you both considered yourselves married, I doubt that he will be successful in contesting it.

Go ahead and file. You'll only be out the court costs if you are denied, but you may have a lot to gain if you can proceed.

However, there is a time limit for filing for divorce, I believe. If you wait too long to file, then you will be considered never married by virtue of living apart for 2 years.