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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?
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Answered in 5 minutes by:
3/12/2018
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,111
Experience: Over 30 years of experience.
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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.

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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.)

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Customer reply replied 1 month 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

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Customer reply replied 1 month 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

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Customer reply replied 1 month 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: 5,111
Experience: Over 30 years of experience.
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