Divorce needed before marriage to my son legal?

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Divorce needed before marriage to my son legal?

My son asked his girlfriend to marry him. During the engagement, she was taken to court by her one year old son’s dad for full custody. They had a verbal agreement to share custody equally prior to the engagement. A week after they married, his lawyer sent add’l papers to finalize the custody. She then explained she lived with him for 2 yrs & he filed joint taxes but they never married. We don’t have money to get a lawyer but need to know if she’ll need to file for divorce in the state of TX (common law???) before they can be legally married. We haven’t mailed the marriage cert. yet

Asked on June 18, 2009 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I am not admitted in Texas, I do know that Texas does acknowledge common law marriage.  Usually the parties need to "hold themselves out as married" or in Texas you can actually file a document acknowledging the common law marriage.  You should seek a free consultation with a Texas Matrimonial attorney.  He or she will know what actions are enough to prove a valid marriage in the state.  If the marriage is viewed as valid then yes, she would have to get divorced before marrying your son.  But the Texas attorney will be able to let you know your option.  You can check here at attorneypages.com for starters.


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