Ok, I have a friend who has been common law married for about 15 years. He and his wife are splitting up. Should either of them decide to get married (common law or otherwise) in the future could they be accused of polygamy? Is there such a thing as a formal common law divorce?
They live in Texas. Is this a state law type of thing?
2006-09-19 04:52:49 · 10 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I'm not sure where in Texas your friend lives but the answer is Yes, they do have to go through a formal divorce.
2006-09-19 05:16:35 · answer #1 · answered by stacilynn26 3 · 0⤊ 0⤋
Travis, I did some research and the State of Texas does not acknowledge what you call "common law" marriage. The term comes from when the first settlers came to this land, there were no laws in place, so they adopted old English law as the laws governing themselves. Most states don't even recognize any of the old common laws anymore. So your answer would be, no it would not be polygamy and they cannot get a divorce from a relationship that it is not recognized by law. Although if Texas is a liberal state, there could be "Palimony" to pay.
2006-09-19 12:06:16 · answer #2 · answered by Jim J 1 · 0⤊ 0⤋
common law means that they were living together for more than the state has put a limit. They are recognized because if there are children,the children are protected. the same goes for the breadwinner. if one spouse worked and one did not then the non working spouse can sue for support.There is no divorce as they were never paper married. and I am not sure if this would apply in Texas
2006-09-19 12:06:25 · answer #3 · answered by rkilburn410 6 · 0⤊ 0⤋
texas does recognize common law marriage. my sister and her husband have been together for about 10yrs. (common law) She told me that if they ever broke up, that she would have to get a common law divorce. She told methat it has something to do with their insurance. Not sure about the polygamy thing.... some states have a waiting period before you can get married again. I would have them contact a lawyer, there may be other legal issues that we don't know about (i.e. splitting assets, insurance, children, etc.)
2006-09-19 12:08:19 · answer #4 · answered by julie_366 1 · 0⤊ 0⤋
I'm no lawyer, but I think that is an obscure law that has probably been nullified.
I've never heard of a common law divorce!
2006-09-19 11:56:20 · answer #5 · answered by seeitmiway32 5 · 0⤊ 0⤋
the moment they started living together , it became common law marriage , here in texas if they plan to seperate they will need to get a divorce ,
2006-09-19 11:57:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋
go get a 30 minute free consult with a attorney, if they claimed common law on taxes I am sure there must be a form to fill out,
2006-09-19 11:55:02 · answer #7 · answered by rich2481 7 · 0⤊ 0⤋
www.expertlaw.com/library/family_law/common_law.html
Good Luck
2006-09-19 11:55:14 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It's called move out..
2006-09-19 11:54:39 · answer #9 · answered by mizsinister 3 · 0⤊ 0⤋
this is not an issue...its just a long relationship coming to an end.
2006-09-19 11:55:41 · answer #10 · answered by Mean Carleen 7 · 0⤊ 0⤋