Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

If by chance he is still married, could we file for common…

if by chance he is...
if by chance he is still married, could we file for common law, we have lived together for 5 yrs?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
3/12/2018
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,460
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Family Law Question

I am sorry that you can not be married by common law marriage unless both parties are eligible to be married.

If one of you are still married you can not marry.

In Texas to be common law married there are three elements (in addition to being eligible) you must meet Per Chapter 2.401 of the Texas Family Code:

  1. You have "agreed to be married."
  2. You have "lived together in this state as husband and wife."
  3. You have "represented to others" that you are married.

But first you both must be unmarried.

You should be able to determine if the previous marriage was ended by divorce or annulment by going to the court in the countywhere the divorce would have been issued.

You may also be able to conduct a background search for him. he can have one conducted on himself online for not much money. These checks will search the public record and the divorce should show up.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Ask Your Own Family Law Question
Customer reply replied 5 months ago
is there a site search you would recomend.. I have used several to find out information such as where she may be and if there was a divorce request. I have paid to several sites and am still at a dead end.

We are not allowed to make direct referrals but these resources may help you:

https://www.consumeraffairs.com/online/background-check/

https://www.fundera.com/blog/best-background-check-sites

If you have already done the search and there is no evidence of the divorce you should assume there was no divorce.

He can file for a divorce in Texas. He can file on the grounds of abandonment. The law allows for service by publication in a newspaper in these circumstances.

He will state in his Petition that he has been abandoned for however many years and does not know the whereabouts of his spouse, Has searched for her and can not find her.

The court will then allow "Service by Publication."

If you go this way you will be certain.

Contact a local family law attorney to help:

http://lawyers.findlaw.com/lawyer/practicestate/family-law/texas

Kind regards,

Gerald

Ask Your Own Family Law Question
Customer reply replied 5 months ago
what would be the cost and fees and the amount of time it may take?

The filing fees to the court are about $300.00.

You may have to pay an attorney to do this. You can negotiate the costs with them. If I guess maybe $1000 to $2000.

Maybe 6 months from start to finish, maybe less. There is a 60 day waiting period from the time you file.

You may be able to do it yourself. This link has reources for that:

https://texaslawhelp.org/family-divorce-children/divorce

Also see:

http://www.divorcesource.com/ds/divorceprocess/abandonment-and-desertion-in-divorce-309.shtml

http://www.divorcesource.com/ds/texas/texas-divorce-laws-717.shtml

Ask Your Own Family Law Question
Customer reply replied 5 months ago
thank you so much for your help
You are very welcome.
Please don't forget to click the 5 stars. Thank you.
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,460
Experience: Over 30 years of experience.
Verified
Gerald-Esquire and 87 other Family Law Specialists are ready to help you
Ask your own question now
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 Gerald-Esquire Your Own Question
Gerald-Esquire
Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 5,460
5,460 Satisfied Customers
Experience: Over 30 years of experience.

Gerald-Esquire 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

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 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
I am needing to know if the state of TX considers me and my
I am needing to know if the state of TX considers me and my partner as common law. If so can he take my house even though it is in my name. We have been together 15 years, 2 kids, and share the follow… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We live in Texas my granddaughter is not married he purpose
We live in Texas my granddaughter is not married he purpose over but never followed through So now she 2 1/2 and 15 month old they carry his last name He has been with so many other women we have lost… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
My mother and father have been divorced for 14 years. He is
My mother and father have been divorced for 14 years. He is horrible to my mother in regards ***** ***** and he has lived with his now girlfriend for over 10 years. As his daughter, may I testify that… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
I remarried before my first decree was final i found out.
Hello, my name is ***** ***** i remarried before my first decree was final i found out. the state of texas does recognize common law so am i still married to my current husband or not. We no longer li… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
I was married to my wife for 3 months in 1972 and got a
I was married to my wife for 3 months in 1972 and got a divorce and after the divorce was final 5 month later she had my son ,,,we got back together and lived in a rent house and stayed together for 1… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My ex of 13 years is serving me with divorce papers he
My ex of 13 years is serving me with divorce papers for what he considers a common law marriage. We have been broken up for 5 months and not living together for 2 months. I have a marriage license to … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,020 satisfied customers
Can I send my husband to jail with another woman and
Can I send my husband to jail for living with another woman and claiming they are married when we never divorced… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
My son and s fiancée has been living together yrs in
Hi, my son and his fiancée has been living together for 5 yrs in Delaware. They planned to get married in Ocean City, MD on 8/28 and all preparations had been done. They where told to get the marriage… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
My 44 yr old daughter who lives in TN has been in a very volitle
My 44 yr old daughter who lives in TN has been in a very volitle situation (not married)with a man for about 6 1/2 yrs..and she has a 8 yr old daughter (not his)...she is trying to get him to leave & … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
My brother has lived in Texas with a woman for 15 years. She
My brother has lived in Texas with a woman for 15 years. She wears a wedding ring, calls Him her husband, and they have car insurance together, listed as "married" for the discount. They are breaking … read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,438 satisfied customers
Ive been in a relationship (not married) for 19 yrs and we
I've been in a relationship (not married) for 19 yrs and we have 1 child (she will be graduating next year) and now he wants out. What are my options? He states he will sell the house and give me 1/2 … read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
I have been envoleved with a man for 20 years, the last 10
I have been envoleved with a man for 20 years, the last 10 living as man and wife in a house that titled in both our names. We are both divorced but he has never really let her go. He still supports h… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
We live in Collin County, Texas. I am planning to file for divorce. Because of our childre
We live in Collin County, Texas. I am planning to file for divorce. Because of our children are still young, 8 and 11, and also because my husband's financial situation (he filed bankruptcy last year)… read more
Linda Roch
Linda Roch
Attorney
Doctoral Degree
529 satisfied customers
In colorado is there a statue of limitations for filing for
In colorado is there a statue of limitations for filing for common law marriage? My x and I have been split up for 2 1/2 years and he still refuses to work now he is threaten me with common law marria… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
in referance to common law marriage, what is considered when
in referance to common law marriage, what is considered when it comes to a common law marriage? i have been living with a woman for 2 yrs now, but she is my ex-wife, we have not actually lived togethe… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I was married for 5 yrs to the same man, the divorced for one
I was married for 5 yrs to the same man, the divorced for one yr and lived common law for 8 years and I am being told that one or the other parties should have filed a anulment of actually filed for a… read more
Cowgirl Lawyer
Cowgirl Lawyer
Attorney at Law
Juris Doctorate
1,266 satisfied customers
My partner has 3 properties under his name and I have one ...
My partner has 3 properties under his name and I have one property under mine. All of these properties where purchased while living together. I didn''t meet him with these properties that he has now. … read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
My husband and I had been in a Common Law marriage in ...
My husband and I had been in a Common Law marriage in Colorado for 25 years. We moved to Nebraska four years ago. First off, are we still legally married -- and if we decide to get a license, will we … read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 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