Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Me and previous spouse entered into a common law marriage in…

Customer Question
Good morning, Lawyer's Assistant:...

Good morning,

Lawyer's Assistant: Hello. How can I help?

Me and previous spouse entered into a common law marriage in the state of texas back in 2013 where we lived together, filed taxes, carried step children on my insurance at multiple employers and recently 2016 of may adjusted medical support based on insurance. We seperatedin Sept and finally called in quits in December. I asked for a divorce several of times because of all the government things that were involved. As of last week he has remarried. Is this legal since I have asked for a divorce? Isnt it necessary since the IRS involved?

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, to be honest I dont know where I should start, I was hoping two years would have lapsed to dissolve the whole matter. Wasn't expecting the remarried

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

Yes, there is evidence of us being presented in public as married,(fb,

Submitted: 11 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
8/20/2017
Family Lawyer: LegalGems, Lawyer replied 11 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,698
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 11 months ago

I am sorry to hear you are having to deal with this.

You are correct in that if a party is currently married, they are not free to marry, and since TX recognizes common law marriages (please see here) neither spouse would be free to remarry until a legal divorce was entered in the courts.

If one party remarries, that marriage is void- since it is legally impossible to be married to two spouses. The first marriage remains intact until there is a divorce.

Even if there is a divorce, the second marriage would not count until there was a new license issued. Additionally the bigamous spouse can be prosecuted for bigamy.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Family Law Question
Customer reply replied 11 months ago
in December 2016 he agreed to divorce
In Feb of 2017 he denied stating that we were not married. Will I possibly need 2 lawyers; family and IRS?
Customer reply replied 11 months ago
what courts do I go to? Do I file with the Irs as well
Family Lawyer: LegalGems, Lawyer replied 11 months ago

For the divorce it is best to hire a family law attorney; they often have experience as well in tax law.

If the party does not agree to the divorce that does not matter- the court will not force a party to be married.

If the first marriage is valid, then there would be no tax reprecussions-for that marriage. If the second "marriage" involves filing tax returns and other tax issues, then the bigamous spouse can be liable from an irs perspective, and the putative spouse (the second spouse that was not aware of the situation) is protected by the innocent spouse doctrine.

Divorce is handled in family court.

No, nothing would be filed with the IRS if the first marriage is the legal marriage (ie common law suffices)

Ask Your Own Family Law Question
Customer reply replied 11 months ago
No, I made the new spouse aware that he was married through a social media messenger. In return I was blocked
Family Lawyer: LegalGems, Lawyer replied 11 months ago

Then if the new spouse has knowledge that the marriage is not valid they are not protected by the innocent spouse doctrine and can be liable to the IRS for any tax issues.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 11 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,698
13,698 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Moved to Texas in August 2018 from Louisiana. I filed an
moved to Texas in August 2018 from Louisiana. I filed an article 102 for divorce in Louisiana in March of 2016 which requires a 365 day (with children) waiting period to finalize the divorce. We appea… read more
Sean K
Sean K
Attorney/Member
JD
870 satisfied customers
Well my ex husband (common law) has been incarcerated for 9
well my ex husband (common law) has been incarcerated for 9 years now well he recently got into a relationship and is trying to change all of his paperwork taking me off as his wife and putting the ne… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In December 2015 I filed for divorce due to adultery. The
In December 2015 I filed for divorce due to adultery. The divorce was final in June 2016. Although we are divorced and have joint custody of our 4 children my ex wife had no where safe to live when it… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband and I have been living separately since January
My husband and I have been living separately since January 2016. Divorce paperwork was filed in 6/2016. Alimony and child support payments started in 12/2016 per a mediation agreement. The divorce was… read more
LegalGems
LegalGems
Lawyer
Juris Doctorate
13,698 satisfied customers
I am going through the divorce process for the past 4 years.
I am going through the divorce process for the past 4 years. The status of marriage was officially dissolved in December 9, 2014 trial, the reserved issues (the hard part of the case) has gone through… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,975 satisfied customers
Can you answer my question regarding community property in
Can you answer my question regarding community property in California USA, where the couple have been declared divorced by final judgment in Jan 2016? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,159 satisfied customers
If I was "married" in a common law marriage state, but never
If I was "married" in a common law marriage state, but never got a divorce...but ended up marrying in a legal marriage after my separation from my common law marriage. Is my marriage that is legal in … read more
LegalGems
LegalGems
Lawyer
Juris Doctorate
13,698 satisfied customers
I am 68 years old and My husband is 65 yrs of age and have
I am 68 years old and My husband is 65 yrs of age and have been married for 7 yrs this June 4th 2016.I sold my home to my husband almost 2 yrs ago My husband has abused me twice in the past 2 years. T… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
My exwie moved into her new boyfriends home and changed her
My exwie moved into her new boyfriends home and changed her address to reflect he move. This happened in May 2015. From October 2015 they went on a sailing trip to thee Bahamas in his boat that will n… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,526 satisfied customers
I got divorced in 2011. In about 2013, I was living as
I got divorced in 2011. In about 2013, I was living as roommate in his house. I am disabled and had education tax credits. I let him carry me as dependant, I thought. Actually he filed joint. As soon … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Hello Ely, I asked you a question previosuly on 12/3/14 and
Hello Ely, I asked you a question previosuly on 12/3/14 and I have a new one for you. She has finally signed the waiver of service. My question now deals with the whole community property/debt and Tex… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
My daughter has been in a common law marriage for the last
My daughter has been in a common law marriage for the last eight years in Texas in which a child has been born. Before that, she was legally married to someone who was in the military and passed away … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My name is ***** ***** I am a man living in Houston, Texas.
My name is ***** ***** I am a gay man living in Houston, Texas. I married my partner in New York back in December 2013 (where same-sex marriage is legal) but we have been having problems ever since an… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Married in 2003. Legally Divorced in 2005 due to his IRS delinquencies
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 o… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My friend is going before a judge tomorrow and was told by
My friend is going before a judge tomorrow and was told by his attorney that the judge is going to grant him a bifurcation; however, that it will not be filed in the court until June 2013. His attorne… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
im divorced and want to marry a woman in colombia, my problen
im divorced and want to marry a woman in colombia, my problen my middle name is XXXXX XXXXX on divorce papers it says eugene, my mother told me that was my middle name so i used it, now i cant get the… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
okay, thanks in advance. l was recently divorced but was officially
okay, thanks in advance. l was recently divorced but was officially separated for the majority of the past year.Divorce was final before the years end. Can l file my tax return separately or do we hav… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
I live in Pennsylvania. I just found out that the common law
I live in Pennsylvania. I just found out that the common law marriage law was not abolished until 2005 and that, if the criteria was met, and a such marriage was contracted before 2005, then the commo… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x