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I signed an Common Law Marriage affidavit for TDCJ in April…

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I signed an Common...

I signed an Common Law Marriage affidavit for TDCJ in April 2015 to a man whom I was in a relationship at that time to assist him with visitation and medical; he has not lived with me since that agreement (still incarcerated), he did not live with me prior to his incarceration (Jan 2015) and I have not changed my name or live as his "wife" on any of my personal assets or through my employer/income taxes. Am I really married to him??!!! (ugh)

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so -- I want out of this mess, legally

Submitted: 1 year ago.Category: Family Law
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Answered in 5 minutes by:
2/20/2017
Family Lawyer: Lucy, Esq., Lawyer replied 1 year ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

If you signed a Declaration of Informal Marriage, despite never living together, that's a legally binding document. The declaration is signed under penalty of perjury and requires you to affirm that you got informally married and lived together on the date stated in the affidavit (not necessarily the date you signed it). Putting a false statement on that form is a felony, which means you can't undo it if you actually never did live together.

What you can do is file for divorce. This site has forms and instructions that should help. If you haven't acquired any property together and have no children since you got married, it can be a fairly simple process. In Texas, he wouldn't be entitled to alimony following such as short marriage. This site has forms and instructions that should help.

http://texaslawhelp.org/issues/family-law-and-domestic-violence/divorce-free-forms

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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