ANSWERS: 2
  • No. While consumation is nice, all that is required under Texas law is that you represent yourselves as husband and wife in public (which you have just done by asking the question the way you did). If you have said "my husband" or "I'm the wife of [blank]," to anyone in your community, then you are married under common law. The marriage by proxy (presumably done at a J.P. office) just makes it even more official. It can be successfuly argued that, by knowingly marrying by proxy a prison inmate, you waive any protection that lack of consumation may have provided, especially since he is in the Federal system which does not provide for conjugal visits. You can file for divorce, to which he does not have to agree.
  • Call the clerk of the probate court and ask for direction. The other answer is not correct as to common law. http://statelaws.findlaw.com/texas-law/common-law-marriage-in-texas.html Living together as husband and wife is required. I'm not sure the effect of a marriage by proxy without consummation. It seems to me you might be able to get annulled. How much longer is the husband going to be in prison. In some states you can get divorced with no grounds if spouse will be incarcerated for two years or more. Ask around locally. Good luck. Oh, and don't marry again "by proxy." I bought a house on the other side of the country over the phone. I won't do that again either. ;)

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