How to reply to common law divorce?

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How to reply to common law divorce?

My ex-husband is claiming we were common law married after my divorce. He had me evicted from my rental and I had to live with him for almost a year. He filed a divorce stating we were common law married. I disagree, it was a temporary living arrangement until I got my own apartment. How do I reply and file to this if I disagree?

Asked on January 21, 2019 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You reply by filing a response denying that you were married, whether common law or not. Living together is NOT enought to establish a common law marriage: you must also both agree to be married and must publically "hold yourselves out"--that is, tell others--that you are married. So you response should state that you never agreed to be married, never considered yourself to be married, and never held yourself out as married.


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