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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Married in 2003. Legally Divorced in 2005 due to his IRS delinquencies

Customer Question

Married in 2003. Legally Divorced in 2005 due to his IRS delinquencies. Still living together 8 years later. Question: do I need to file for divorce again even though there is no formal registration of marriage after 2005 divorce. He is on my work insurance...how do I get him off?
Submitted: 4 years ago.
Category: Family Law
Expert:  Roger replied 4 years ago.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

If you were legally divorced, you would still be divorced unless you have entered into a common law marriage after the divorce. Because Texas is a common law marriage state, it could be possible that you have a common law marriage IF there is (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married (http://en.wikipedia.org/wiki/Common-law_marriage_in_the_United_States#Texas).

All 3 prongs must be met. If all of these aren't true, then there would be no need to get divorced again.

As for removing him from your insurance, if the divorce decree doesn't require you to carry insurance for him, then you should be able to drop him from your insurance during the open enrollment/cancellation/removal period. This would be something that your plan administrator could provide you with.

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