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what if my wife might have been common law married when i got with her but she left her man and moved in with me but she had two kids with the guy and she was with him for on and off 5 years and anyways she moved in with me and we had kids and have been together 2 years straight and are now legally married would she had to have gotten a divorce before we got married?

2007-03-27 13:26:54 · 9 answers · asked by jeremy n 1 in Family & Relationships Marriage & Divorce

would are marriage still count and yes were from texas

2007-03-27 13:45:02 · update #1

9 answers

No, she does not need a divorce from her ex. Common law marriages are not exactly marriages. They're a legal form of property ownership, nothing at all to do with actual marriage. Plus if they were off and on over a 5 year period there is no grounds for a common law marriage to be a factor in the first place.

2007-03-27 13:32:03 · answer #1 · answered by b0red2tears 2 · 0 1

TX does recognize common marriage. Technically, if you are common-law married, then you do have to get a divorce. However, just living with someone—and even having kids with them during that time—does not necessarily mean that a couple is considered common-law married. As long as no one is making an issue about it (and why/who would?) then don’t worry about it.

2007-03-27 16:57:30 · answer #2 · answered by kp 7 · 0 0

Absolutely not, common law marriage is only that. It is not recognized as a legal marriage at all. Living with someone, on & off is not considered common law marriage.
Common Law marriage is when you consistently share a domicle with your significent other for a long period of time and that depends on the state they live in. It really can not compare to Marriage at all.

2007-03-27 13:35:33 · answer #3 · answered by lorrina b 3 · 0 1

First if no one is inquiring then let it go. Dont ask, dont tell. By the way, there are 11 states that recognize common law, Wiconsin is the only state east of the Mississippi, the other 10 are way out west

2007-03-27 13:48:36 · answer #4 · answered by Arthur W 7 · 0 0

no she doesn't have to get a divorce. and it also depends on
what state u live in also, on the common law marriage.in most states it 7 or more years before u can be called common law marriage

2007-03-27 13:37:36 · answer #5 · answered by love 1 · 0 1

No, there was no legal marriage ceremony, no marriage license signed, no divorce needed. Legally you have nothing to worry about! You are legally married. Your husband is not a bigomist.

2007-03-27 13:33:45 · answer #6 · answered by ? 2 · 0 1

there are only 2 states that recognize common law marriages, Texas and Colorado.

2007-03-27 13:32:45 · answer #7 · answered by Anonymous · 1 1

my mother was with a guy for that long and before she got married she did have to get a divorce before she could.so yes she should have had to.

2007-03-27 13:33:46 · answer #8 · answered by whitnee 2 · 0 0

It really depend on your religion.

2007-03-27 13:31:51 · answer #9 · answered by j.r. 3 · 0 1

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