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Well my ex husband (common law) has been incarcerated for 9…

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Well my ex husband...

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 new woman but they told him I need to get some divorce papers and send it to him. I'm not even sure if its necessary since we weren't even legally married it was just common law. I've never used his last name and we don't have any property or possessions to fight about so I guess what im asking is if its really necessary to file divorce papers?

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 not yet I wanted to ask around first before I start doing anything

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

No that's was all

Submitted: 8 months ago.Category: Family Law
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Answered in 6 minutes by:
12/11/2017
Family Lawyer: Lucy, Esq., Lawyer replied 8 months 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.

A common law marriage is a legal and valid marriage in Texas.

There is unfortunately no such thing as common law divorce. The only way to dissolve a common law marriage is to go through the courts and get a legal divorce. The fact that you don't own any property together will make the process easier, but it's still necessary for him to avoid bigamy charges (and you, if you decide to remarry at some point). You can choose not to respond to the paperwork if you're not looking for alimony and don't have any minor children or property. The divorce will be granted even if you don't answer. But he does have to file something with the courts to sever the legal relationship.

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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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).

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