common law wife?

Question

I found out that my husband had been sharing an apartment with this other girl. The police was called on a domestic to the apt. because he hit her. On the police report, she was considered as his common law wife. I'm in process of filing for a divorce. Is this something the lawyer needs to know about? Can he be married to me and still have a common law wife? Need helpful advice.

I forgot mention that I live in Texas. We have been married for 13 years.

Answer 1

Tell your lawyer everything if you expect him to be able to help you. I'd say more, but it is unethical to give advice to someone who is represented by another lawyer.


I will, however, give you an example of why you need to see a lawyer and not take advice you may see here. Someone here mentioned it takes seven years to establish a common law marriage, it does not, it can be immediate. The issue is if the couple intended to form a marriage relationship. ( Seven years is sufficeint to establish that intention to the courts in the absence of, or against, other evidence, but it is not necessary if they have admitted an intention to be married, held themselves out to the public as a married couple ( like her taking his name, calling herself Mrs X, joint accounts, etc.) Each rule has exceptions, and the exceptions have exceptions. Go to your lawyer.

Answer 2

Yes, you should tell your lawyer this. Your lawyer should know this so he can best represent your interests in the divorce proceeding. The police report may also help your lawyer have an advantage over your husband in the divorce process.

If you and your husband were married before his purported common law marriage, his "common law marriage" is probably not a marriage, because Texas does not allow a person to have two wives. However, only a licensed Texas attorney can answer this for your situation, and I am not an attorney from Texas.

For more information on common law marriages in Texas, including a reference to the specific law, visit this webpage: http://en.wikipedia.org/wiki/Common_law_marriage#Texas

Answer 3

I would divorce too! YES tell your lawyer about this and he should get the police report for court records about it. I dont know about being married and having a common law wife....but in the state of Ohio common law I believe no longer exsist! So check with your lawyer and look up your states laws on the internet....all that should be able to help you out...Good luck in the divorce...hope I have helped!

Answer 4

You should definitely let your lawyer know about this. I do not believe he can have a wife and a common law wife though. In Texas, for example, common law is still something you have to go down to the county courthouse and file for.

Answer 5

He sounds like a real charmer! Your lawyer definately needs to know about his common law wife, you may get more spousal support. Yes, he can still be married to you and live with a woman as his common law wife. He's already hit her, how long before she realises what an a**hole he is?
The best revenge you could possibly get is to live a better, happier life without him (drives them crazy!). You deserve better, good luck for the future.

Answer 6

I think it would depend when he married you and when he moved in with this other woman. A couple have to live together at least 7 years to be considered common-law. So if he married you before that time, you are his legal wife, and his relationship with the other woman doesn't count as common-law. If he live with the other woman for 7 years and THEN married you, then YOUR marriage might be considered as bigamy and therefore invalid. In which case your divorce would get really complicated, and you might not be able to secure alimony from him (since you weren't legally married).

At any rate, mention it to your lawyer. If nothing else it is proof of your husband's extreme infidelity and tendency to violence. what a loser - props to you for getting out of a seriously bad relationship and moving on!

Answer 7

I would say yes, the lawyer needs to know about this.

No, he cannot be married to you and have a "common-law wife" in addition. However, "common-law" marriage is not recognized in most states, and where it IS recognized, it has to meet certain requirements, and certain steps must be taken to make cohabitation into a common-law marriage. Unless your husband and his g/f took all the steps that are necessary for that to happen, they are not considered "common law" in the eyes of the law.

It is, however, an adultery. This is why I believe your lawyer might find it of interest.

Answer 8

it depends on what state you live in, common law marriage can be just as binding someimes. If you are currently married than you have all the rights. it is necessary that you tell an attorney due to the fact you have to be in a relationship for quite a while in order to be considered common law. for him to have a common law wife this must mean that he was involved with her while he was with you, that will always help your case for divorce~ good luck

Answer 9

When my husband and I seperated, I sooon bought another house and moved in with a guy friend from work. He revealed he was an absolute drunk. Before I kicked him out, I called the police and ask if I could kick him out. I told them i was not divorced yet. They said no person can be married and common law married at the same time. I would mention to your lawyer about the situation,just to see if affects your case any.

Answer 10

Definitely tell your lawyer. Legally, she is not his common law wife because he was already married. The police report and his extra-marital living situation will be taken into consideration in the divorce settlement, which will go well for you.