Legal Question in Family Law in Texas

A man in Texas married a second woman while married to the first wife in 1979.. The first wife filed and was granted a legal divorce. There was no legal divorce to wife #2. It has been 35 years and several marriages and divorces later. Is this man still legally married to wife #2?

Asked on 3/31/13, 1:09 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

He was never married to wife #2 because the marriage was void because he was not divorced. HOWEVER, there could have been a common law marriage to wife #2. Common law marriage requires 3 things - 1) an agreement to be married; 2) a holding out to others that the couple is married; and 3) cohabitation.

If indeed he was commonlaw married to wife #2, then there were no marriages that followed because one cannot marry a new wife if one is still married to the previous wife.

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Answered on 4/01/13, 9:52 am

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