Legal Question in Criminal Law in Texas

I am currently married to my husband who lives in California. I filed for divorce 2 1/2 years ago when I still resided in California. I have had little to no contact with him since I moved to Texas almost two years ago. I have a boyfriend (whom I recently had a child with and live with). Am I committing bigamy by simply living with my boyfriend and being married to someone else? And if so, how strict is Texas about enforcing bigamy when Im not legally married to two people?

Asked on 10/07/12, 4:20 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Since you can only be married to one person at a time, you cannot be "married" to this live in boyfriend.

Living with someone does not make you married.

In the State of Texas, we have common law marriage, but since you are currently married to someone else, you cannot have a common law marriage to this new guy in the State of Texas.

However, if you took out a marriage license, then you would be a bigamist. But since you did not include that information, I assume that you did not do that.

I recommend that you finish your divorce in CA as soon as possible so that you can go on with your life.

If you divorce in CA has been dismissed, then you can now file in TX since you live here now.

You might want to talk to a TX attorney if your CA divorce has been dismissed.

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Answered on 10/08/12, 10:23 am

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