Legal Question in Family Law in Texas

I have been living with a woman for 9 years now and to protect her SSI benefits, we agreed to split expenses and have an open relationship. We have presented ourselves as a couple, as roomates and as boyfriend/girlfriend. I have filed taxes as head of household listing her as dependent. We have no plans to be married. But I have found someone who I do wish to marry and my roomate is now threatening to rake me over the coals via the common law marriage. We have not consumated the relationship and she does not use my name for legal purposes. Do I face the need of a common law divorce, or have we failed to meet the legal basis for a common law marraige in Texas?

Asked on 10/11/09, 7:41 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

If I were you, I'd move out, marry the woman I want to marry, and wait and see if Live-In filed for a divorce from me. See section 2.401 of the Texas Family Code; Live-In has two years after the relationship is over to file for divorce.

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Answered on 10/19/09, 5:07 pm


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