Can I get legally married if my partner is already married through common law?

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Can I get legally married if my partner is already married through common law?

Can we get a marriage
license or does she have to
get divorced first?

Asked on February 10, 2017 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In TX, common law marriages have the same legal status as formal, ceremonial marriages. Therefore, if the common law marriage doesn’t work out, a traditional divorce will be needed in order to end it. Getting a divorce in this situation is the same as with other marriages, except the couple must first prove to the court that there was a common law marriage validly formed in the first place.


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