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by Sillyredhead on January 2nd, 2007

Sillyredhead

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I have been married to my husband for 16 years. We were married in Texas. I found out after we were married that he was not divorced from his previous wife. That divorce became final a year later. Now I want out -- Do I have to get a divorce?

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Answers. 9 helpful answers below.

  • by tris992000 on January 2nd, 2007

    tris992000

    I have to admit to knowing little about it but would have thought that as he was not free to marry in the first place, your marriage is illegal and thus false. I'd take the lawyer advise line and see where that leads you. There maybe some of that glorious stuff called red tape you would have to go through regardelss.

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  • by beenaroundtheblock on January 2nd, 2007

    beenaroundtheblock

    Yours is an unusual situation, I'd suggest you talk to a lawyer to be sure. In most places you can get a 30 min. consultation, from up to three lawyers, free. Look up "Lawyer Referral" for Texas. good Luck!

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  • by the mommy on May 29th, 2007

    the mommy

    You will most likely have to get a divorce. Even though he was married at the time, you continued to live together after his divorce. If you held your selves out as married after the divorce then you would be considered common law married. If there are kids it further legitimizes the marrieage. consult an attorney

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  • by Suspira on August 4th, 2009

    Suspira

    To the best of my knowledge, you shouldn't have to get a divorce from him. When you married him his previous divorce wasn't finalized, making his marriage to you null and void.

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  • by Sheriff Raff -Answerhag on May 29th, 2007

    Sheriff Raff -Answerhag

    You should have gotten out when you found out he was still married to his first wife.

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  • by P. W. Pasobrio loves Marines on May 29th, 2007

    P. W. Pasobrio loves Marines

    I would get an attourny. He married you illegally and that could make for some very interesting red tape. I would hav eto say that unless texas recoginzes common law that you aren't because your liscence isn't valid. He could even get in big trouble for polygamy and fraud since you didn't know he was still married.

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  • by anonymous on August 4th, 2009

    anonymous

    It's a gray area. I don't know about Texas laws, but you may be considered 'common-law' married if you've lived as a married couple all those years, telling people you were married. If you really want to walk away as if you were never married, an attorney could have the marriage deemed legally null and void because your 'husband' wasn't legally eligible to marry. You really do need to ask an attorney in your area.

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  • by Sharona Life is a Tale Told by an Idiot on August 4th, 2009

    Sharona Life is a Tale Told by an Idiot

    Wow. I think you are really going to have to find out from the courts on this one. Many states honor that common law idea of when you live with someone for 7 years, you are in effect legally married. So even if your marriage wasn't legal, which it probably was, then you lived together for this long, making it legal in another fashion.

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  • by Anonymous on May 18th, 2009

    Anonymous

    Most likely your marriage isnt even legal, so therefore you dont even need a divorce.

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