This is complex. I established a common law marriage with a man in tx, and we later had problems and seperated. Then, I formally married someone else without getting a divorce, and then had problems with this person also. I have one child from both of them. Then, less than one year later, the first guy took me back, and we resumed our relationship. The second guy later filed divorce, and I hired attnorney to counter with annullment/void of marriage because I was already married. Well, my lawyer said the annulment should be no prob and he strung me along until the day of mediation where he and a mediator then told me if I dont agree to divorce from #2 guy i will lose custody of my child, etc. I was crying and very scared and signed the paperwork. Husband #1 was present when this happened, and a temporary injunction says i can not have any intimate men in my home after 10pm, including my original husband! is this a common injunection? can i reverse this? please help im desperate
2007-02-28 15:25:37 · 5 answers · asked by Player 1 2 in Family & Relationships ➔ Marriage & Divorce
sorry i meant to say the injunection its not temporary its permanent until child from #2 guy turns 18. also, i am common law married, establised from joint irs tax returns, join bank accounts, insurance policies, etc. plus, i did agree to be married with him. the problem is guy #2 is a religous nut job who will report me if i live with anyone including guy #1. my biggest question is how can i be divorced when im technically still married? i was only apart from guy #1 for a total of 1 year before we got back together, thats why he never filed for divorce. ive also been told this mediated order is binding and unchangable (mediator said this). i feel like the mediator was totally on the other side. im so pissed, frustrated, and scared right now you have no idea... i may lose husband #1 :(
can i be in trouble from how i filed my taxes with husband #1 now that im not married to him?? i mean, i am but im not... im so confused and my laweyer sucks ***. i wish i could sue him i am broke :P
2007-02-28 15:47:24 · update #1
who told you that you were married with the first guy? its called "living together" you didnt need a divorce... get a NEW and BETTER lawyer, you're ex- husband cant make you NOT have a fella there... marry the guy!
2007-02-28 15:34:42 · answer #1 · answered by bronzebabekentucky 7 · 0⤊ 0⤋
This is complex so I would recommend you get a new lawyer to review the whole situation. Just off the cuff I would say -
I did some research on common law marriage in Texas. What I learned was that in order for a common law marriage to be recognized in Texas you had to file a form with the county stating that you intended to be common law married. If you did that - in order to end the marriage you would have to be legally divorced. Given that you did not get divorced, the second marriage is void and the mediator should have known that. No need to divorce #2 - you were not legally married to him. Of course, you still have to work out child custody issues but it would be in the context of non-married parents not divorcing parents.
As to the binding nature of the mediation agreement. If you did not actually agree, if your lawyer lied to you, if you did not understand the agreement - of course you can argue that it should not be entered as a judgment or that it should be amended or that you should appeal to the next higher court.
You need to get a new lawyer right away! You need to address the mediated agreement ASAP - there are usually deadlines for filing an appeal.
As far as suing your former lawyer - you need to contact the local bar association about filing a complaint. Many times the bar association will appoint another lawyer to fix the problem (at no cost to you) to avoid a lawsuit against the original attorney. I would look into this ASAP.
As far as the restrictions - it is fairly common for there to be language about no overnight guests for some time. However it is ABSURD to think that husband #2 can prevent you from having a new husband live with you (or an old husband for that matter). Any court in the country would refuse to enforce such an abusurd injunction. It is called a "restriction against marriage" and is completely old-fashioned and outdated. So - if you want, get legally married to husband #1 (even though you never actually got divorced the subsequent actions you took probably ended the initial common law marriage) and fight the stupid injunction all the way up.
Good luck.
2007-02-28 22:55:24 · answer #2 · answered by CV 3 · 0⤊ 0⤋
What? Are the sex nazi's going to be monitoring you 24 hours a day? This ruling sounds stupid to me. I've never heard of such a thing. But, I'm not familiar with Texas laws either. You guys are allowed to carry guns down there. So I have to wonder about the people making up these laws for you. You did mention that the injunction was temporary. So, I would think that you could go back to court and have it modified. Good Luck. And if all else fails, get you a different lawyer.
2007-02-28 15:38:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋
To have an undemanding regulation marriage in Texas, you may desire to do 3 issues: (a million) have an contract to be married (2) carry your self out to a 0.33 social gathering as being married, and (3) stay mutually undergo in thoughts, mutually as user-friendly regulation marriage in Texas has the comparable criminal status as a ceremonial marriage, you may desire to get a suitable divorce with the two user-friendly regulation or ceremonial marriage.
2016-09-30 01:13:18 · answer #4 · answered by ? 4 · 0⤊ 0⤋
my advise is to call the courthouse. They should be able to tell you what you can and cant do. If they can see a different lawyer. Your first visit is usually free....good luck.
2007-02-28 15:50:19 · answer #5 · answered by rondalaurell 2 · 0⤊ 0⤋