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Longhorn Lawyer
Longhorn Lawyer, Lawyer
Category: Family Law
Satisfied Customers: 12304
Experience:  Knowledgeable in all aspects related to family law matters.
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I have been getting a divorce for the past 4 years. my ex

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I have been getting a divorce for the past 4 years. my ex wife has claimed to be remarried to another man for the past 2 years. I want to get charges brought against her
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Travis county texas
JA: Have you talked to a lawyer yet?
Customer: no My Attorney took a job for the state. I am not Pro Se. now
JA: Anything else you want the lawyer to know before I connect you?
Customer: She has a free legal defense thru the state
Customer: replied 2 months ago.
We have an existing temporary order in place (with JMC and standard Visitation) after the initial Protective Order expired. She has not followed any of the order. She has moved out of a contiguous county to Travis. She has taken the girls out of school and started home schooling. I can no longer visit them at school. I have already filed a Motion for visitation enforcement against her and she got a slap on the wrist and she got off on a technicality.
She has not followed any poart of the order and is not legally divorced. Not she has been claiming online and on Facebook that she is legally married to a Preacher. I thought this was illegal?

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ANSWER: You cannot press charges against her, the state does. Crimes are crimes against the state and therefore the state is the one who brings charges.

In Texas, the offense of bigamy is a felony in the third degree.

You'll need to contact the DA's office regarding how to move forward, as different counties have different requirements.

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Customer: replied 2 months ago.
OK. I can contact the DAs office here. This is a very pro female county, it will be very hard to convince them to follow thru with charges. That aside, she hasn't technically filed for another marriage license in her county. She has done these things which to me follows along with the "common law marriage" definition. Do I still have a case?She has done the following:
She has been living in his residence for the past 3 years.
Told our children she is divorced and now married to her new boyfriend.
Has presented herself to her friends and family as married to the boyfriend.
She has announced herself as married two years ago on Facebook.
SHe announced recently her two year anniversary to the new boyfriend.
She is publicly announcing herself on Facebook as her first name and his last name.
Do I still have a case or the DA going to say she is not legally married therefore not a crime.

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ANSWER: From what you describe, this is a common law marriage, as defined by Texas statutes. I cannot predict whether the DA will pursue this. Unfortunately, there is no way to force them to.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Longhorn Lawyer and 2 other Family Law Specialists are ready to help you