my ex and i filed taxes as married for two years in texas (this happened about 5 or 6 years ago) and have never gotten an actual marriage certificate...are we considered married? we have been broken up and all that for about 4 years now. i would really like to know if i need to get a divorce or not. i spoke to 2 lawyers and one said yes and the other said no....so i'm kind of confused....i know common law was abolished in both tx and ok....but do i still need a divorce?
2007-04-06 03:22:57 · 15 answers · asked by living_dead_sandra 3 in Family & Relationships ➔ Marriage & Divorce
common law is still in tx!!? so i do need a divorce?
2007-04-06 03:29:39 · update #1
First of all the irs may be knocking on your door because you technically commited tax fraud. If you have no license or have never been married then you are not married some of the common-law aspects will still be there but I do not think a BF/GF has to declare married on there taxex unless they have been joined legally. I would recommend you speak to a family attorney about this situaton to get a clearer picture on everything. Plus really most every state and every country has common-law rules so I do not know how you thought they got rid of them in Texas.
Really speak to a lawyer and see what they have to say make sure though that it is Family Law Attorney. Because it appears you have been given some bad info.
2007-04-06 09:07:43 · answer #1 · answered by Livinrawguy 7 · 0⤊ 0⤋
If you were never officially married and texas does not have common law marriage laws, then you would not need a divorce. You need to go back and refile those two years correctly.
2007-04-06 10:27:11 · answer #2 · answered by eharrah1 5 · 0⤊ 0⤋
Holdon...Texas DOES recognize common law marriage (see link). Can I ask what type of lawyer you spoke with? There are lawyers who specialize in this type of law...such as a family lawyer. Trust me, not all lawyers practice the same kind of law, which is probably why you got two different answers from different lawyers. Talk to a FAMILY lawyer to know for sure.
2007-04-06 10:28:09 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you never got a marriage certificate or got married, then you have no need to get a divorce, as there was never an acknowledged legal marriage.
2007-04-06 10:26:23 · answer #4 · answered by ciberpunk1 5 · 0⤊ 0⤋
common law marriage is still in texas, but i don't think you are actually married. i watched a judge judy show & there was a couple that did the same thing. after consulting with an accountant, she confirmed that they should NOT have filed as married & committed tax fraud, because they were not married.
2007-04-06 10:38:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You can file a joint tax return without being legally married. If you never got a marriage certificate filed with the State, you are not legally married!!
2007-04-06 10:29:41 · answer #6 · answered by Kailey 5 · 0⤊ 0⤋
I think it would depend on what constitutes common law in Texas. Some common law marriage laws depend on the number of years you considered yourself man and wife.
2007-04-06 10:38:16 · answer #7 · answered by Nikki 3 · 0⤊ 0⤋
If you're no longer together and never had a marriage certificate, then there is no reason why you should be filing as married. Simple as that.
2007-04-06 10:44:30 · answer #8 · answered by ? 4 · 0⤊ 0⤋
u are incorrect...TEXAS (where i reside) is one of the few states left that does acknowledge "common law married"....did u reside together for a minimum of 6 months, did u have a joint checking account....did u represent yourselves as man and wife...then that is consider common law married in the state of TEXAS
2007-04-06 10:27:13 · answer #9 · answered by sunbun 6 · 0⤊ 0⤋
well u were never legally married so how can u divorce and marriage that never happened.
2007-04-06 10:29:10 · answer #10 · answered by nicole 3 · 0⤊ 0⤋