Legal Question in Family Law in Texas

I am married under common law marriage in Texas. After a domestic violence incident my husband says he is not divorced from his ex wife. Is my marriage still valid and can I take legal action?

Asked on 2/25/17, 2:01 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

You have what is called a putative marriage. You have certain rights, and his other wife has certain rights.

The applicable law can be found in this case: Davis vs. Davis, 521 SW2nd 603 (1975).

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Answered on 3/04/17, 10:26 am

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