Legal Question in Family Law in Texas

Let's say two people are common law married and have children together, but separate, and the man starts dating a new girl and has a baby with her, and then files for a divorce and custody of the kids. The woman is scared to see anyone else for fear that he will use it against her in court, even though he had already been seeing a new woman and had a child with her. Is he able to take legal action against her for being involved with someone else during the divorce process because he's the one who filed it? Or does it not matter because he is doing the same thing


Asked on 11/13/13, 9:42 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

How long have they been separated?

If more than 2 years then it's going to be difficult to prove a common law marriage.

You need to immediately hire a family law attorney.

Look on this website & on www.avvo.com

I highly recommend attorney Patricia Bushman at 713-807-9405. I no longer litigate but I only mediate. I rent space in Pat's office. Tell Pat that I sent you to her. She's been in court a lot so she's really busy but get an appointment to see her as soon as possible. You definitely need help.

The mother needs to get some child support started to help her with her children.

Happy Thanksgiving!

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Answered on 11/24/13, 11:18 am


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