Legal Question in Family Law in Texas

Divorcing Common Law Marriage in Texas

My children's father is incarcerated serving a 20 year sentence. He went to trial on Feb 10, 2001. In court we were asked if we considered each other to be husband and wife and we both said yes. I did not want to, I did it to help him. We have not consumated this nor have we lived together since this time. He has been incarcerated. Are we common law married? He says yes, and he is trying to cause great turmoil in my life because of it. If we are, how do I go about getting this divorced, and is annulment an option?


Asked on 1/19/02, 12:42 am

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Divorcing Common Law Marriage in Texas

Apparently, you testified in his criminal case that you considered yourself to be married. That is sufficient to be a common law marriage in TX. If you now say you are not married, then you commited perjury in the criminal matter. Thus, you better consider yourself married and obtain a divorce. The procedure is similar and tha cost the same for a divorce. Unless you need an annulment for religious purposes, you should find an attorney to help you with the divorce. If you live near Hidalgo or Cameron Counties, you may contact me to assist you with this matter

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Answered on 1/21/02, 1:49 pm
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Divorcing Common Law Marriage in Texas

you could be, but a divorce can be granted without fault in Texas. Call our office for free answers to you questions.

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Answered on 1/19/02, 11:00 am


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