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I have been getting a divorce for the past 4 years. my ex…

I have been getting...

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

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

Travis county texas

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

No My Attorney took a job for the state. I am not Pro Se. now

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

She has a free legal defense thru the state

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Customer reply replied 11 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?
Answered in 12 minutes by:
8/15/2017
Longhorn Lawyer
Category: Family Law
Satisfied Customers: 13,365
Experience: Knowledgeable in all aspects related to family law matters.
Verified

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are requested. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

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.

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.

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Customer reply replied 11 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.

Remember that I don't get credit for doing my job unless you give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

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
Category: Family Law
Satisfied Customers: 13,365
Experience: Knowledgeable in all aspects related to family law matters.
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