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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
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Experience:  Licensed experienced Attorney
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My brother has lived in Texas with a woman for 15 years. She

Resolved Question:

My brother has lived in Texas with a woman for 15 years. She wears a wedding ring, calls Him her husband, and they have car insurance together, listed as "married" for the discount.
They are breaking up.
do they need a divorce?
can he marry someone else?
she says she will not sue Him for divorce or go after Him in that way. does that matter? even if she does not file a complaint, would it be illegal if he got married?



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State/Country relating to question: Texas

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Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Unfortunately, under the facts that you have described, it clearly appears that your brother has entered into a common law marriage in Texas, which are recognized under Texas law and do require a formal divorce, before your brother can legally marry someone else, regardless whether his common law wife objects to the marriage or not.

I wish you the best of luck!
Customer: replied 1 year ago.

The laws as i read is that she has 2 years to "prove" a marriage and after that it can be clear without divorce. is this true?

Expert:  Alex J. Esq. replied 1 year ago.
You are correct. There is 2 year statute of limitation from the time your brother separates from his common law wife, for her to bring common law divorce claim.

I wish you the beat of luck!
Customer: replied 1 year ago.

One last follow up please...(i hope)


they never agreed to be married. they only did all that for appearances sake.


 


one of the three prongs of the Validity IS agreeing to be married


 


""a couple must intend to be married, must live together for a significant period of time, and must hold themselves out as a married couple""


 


since they never agreed to actually BE married, does that change things? they don't WANT to be actually married.


 


 


 

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Unfortunately, based on the limited facts that you have presented, it is more than likely that your brother's relationship with this woman would be viewed as a valid common law marriage based on several factors, such as how they presented themselves to others, regardless of their true intentions, which are hard to prove.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13136
Experience: Licensed experienced Attorney
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