Common Law

[dusty_bocephus]

Im american and now living in the Philippines for almost 3 months and im planning to stay here for good because im retired already.I plan to marry my fiancee but my problem is my past relationship under common law in Texas.My x-gf said that i can marry my Filipina woman,because im still married to her.What is the best thing to do then i can married my filipina woman?Can i file divorce even im outside US?

[tbyte]

I highly doubt you have a common-law marriage in Texas.

From Wikipedia: Common-law marriage - Wikipedia, the free encyclopedia
"In Texas a new provision was added to the Family Code, either partner in a common law marriage has two years after separation to file an action in order to prove that the common law marriage existed. To use the provision, you must have been separated after September 1, 1989."

From: Common Law Marriage in Texas FAQ
"Texas is one of the states that allows the creation of a “common law” marriage, a relationship in which a couple lives together but have not participated in a lawful ceremony. In Texas a couple can acquire marital rights and responsibilities by living together for a particular period of time. You do not need legal action to end such a relationship, if it was created in Texas. "

Texas, apparently, recognized common-law marriage so that partners may receive marital benefits, but only so long as both partners WISH to be recognized as married.

Here is a more comprehensive faq: Common Law Marriage, Travis County, Texas

Unless you have basically said you are married and held yourself out as such you are not married. And even then frankly you could challenge it.


Member of Texas Bar, Dallas

[tbyte]

Thank you for the confirmation.