tag:blogger.com,1999:blog-21560112.post114226878810000802..comments2023-08-02T10:18:55.776-05:00Comments on Texas Family Law Blog: the putative marriageChris Schmiedekehttp://www.blogger.com/profile/05252893456286036003noreply@blogger.comBlogger48125tag:blogger.com,1999:blog-21560112.post-34925894373298220462015-09-23T17:34:27.990-05:002015-09-23T17:34:27.990-05:00I married my ex in Feb '13 we got married beca...I married my ex in Feb '13 we got married because he informed me that he would be going from army reserves to active duty and would deploy In March. I found out at he did not deploy, he faked leaving and also was no longer in the army , we separated the day I found out in April '13. We do have a son prior to the marriage from August 2011 .I presented my case to a judge and it was approved but would not finalize the paper work until we added child support to our annulment. When I went back with the child support added the judge denied the request and is now forcing me to get a divorce. What can I do? Sandy=]https://www.blogger.com/profile/08688273611759079040noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-59950928492746915082015-01-26T10:12:18.357-06:002015-01-26T10:12:18.357-06:00I need a some advise. I was with my ex for 12 year...I need a some advise. I was with my ex for 12 years we had several apartment leases joint accounts bought a car together both our names had a child together had insurance together. Just recently he tried to remove me from his insurance and they told him he could remove my car but not me cuz we are married. Thats how the insurance was set up in 2006 that I was his wife. When i had to deal with service providers they thought I was his wife and I never said anything differently so they belived we werer marrried. we agreed to be married he presented me as his wife and on ocaasion I presented him as my husband. We were engaged for a long time but we have been split for over a year now but insurance still has us married. Are we married or not? Do i need to file for divorce? please help me understand if I am married to him or notAnonymoushttps://www.blogger.com/profile/11152485307050214657noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-8068798725693802012013-09-17T17:38:26.159-05:002013-09-17T17:38:26.159-05:00If i do a informal marriage licence will section 8...If i do a informal marriage licence will section 8 housen knowAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-35762632480553631862013-09-17T17:25:44.827-05:002013-09-17T17:25:44.827-05:00If i get a informal marriage license would section...If i get a informal marriage license would section 8housen find outAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-37697582426678067272012-03-20T18:25:24.398-05:002012-03-20T18:25:24.398-05:00My son was married in Texas.First by a judge in Se...My son was married in Texas.First by a judge in Sept. 1992. Then, a religous ceremony in Feb. 1993. Same girl. When divorcing in 2004 they listed the marriage date as Feb. 1993. Does this affect the legality of the divorce?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-72136103834759066332012-01-15T15:16:13.619-06:002012-01-15T15:16:13.619-06:00Hello Chris
I remarried in Texas April 89,before m...Hello Chris<br />I remarried in Texas April 89,before my divorce was final in California.I did one of those do it urself divorce...anyway did everthing as instructed recieved a court date Feb 89, went to court and judge said divorce was granted and I would get final decree in the mail...Little did I know california had a 6 month waitting period,till this day do not know when the waitting period began but anyway got the final decree in Sept 89.As soon I recieved it I called the court house all the clerk could tell me is that my second marriage was void....so I proceed to call the court house in Texas,that clerk told me that my marriage became valid the the date the first marriage was finalized...I now been living in Texas for the last 25 years and still with my second husband,I had never been ask for marriage or divorce record until now..my question is am my marriage really valid or do we have to get married again and i read on a previous blog about pron non tunc to get marriage license dated to the date that divorce was finalize,how would i go by doing that...I can not afford a lawyer..It's been a long time now I just want to make thing right..Any infomation would be appreciate.....Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-32332065610239322992012-01-15T04:32:49.086-06:002012-01-15T04:32:49.086-06:00Dear Chris
I remarried in Texas April of 89 before...Dear Chris<br />I remarried in Texas April of 89 before my divorce was final in California.I went to court Feb,89 judge said divorce judgement was granted and I would get the final judgement in the mail.I took it as I was free to remarry come to find out california has a 6 month waitting period,until this day I still do not know when the waitting period began or ended.As soon I recieve the final judgement which was Sept 89... I called the courthouse in california all the clerk said to me is my second married was voided,so then I called Texas courthouse and they said my second marriage became valid once final judgement was recieved...I live in Texas now have been with my second husband for 25 years.....Is my marriage valid and if so.. how would I go by getting the dates change to my marriage license to reflect the date of my divorce final decree....I read on one of your post of Pron non tunc,can I do this on my own I can not afford an attorney.And will I get in trouble for this.Up until now I have never been ask for marriage or divorce record and I don't want to run into complication with benifits and whatnot..Any imfomation would be appreciated...evehttps://www.blogger.com/profile/11808384745557070414noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-27287088144748481452011-11-28T10:46:25.402-06:002011-11-28T10:46:25.402-06:00Dear Chris,
I would like some advice. I am in a co...Dear Chris,<br />I would like some advice. I am in a common law marriage which is coming to a sad end. We lived together for 5 years, have social memberships together, have both announced ourselves as husband and wife always, had every intention of getting married, etc. Never filed taxes together though. The house is under his name, as is my car, I have utility bills under my name. I have two kids from a previous relationship. He is being a complete jerk and is telling me to move out of "his" house.I wanted to leave amicably however he is being a complete jerk. He has been supporting me and my 2 kids for the past 5 years, my kids call him dad. Can he continue to support me, like spousal support? just til I get on my feet legally? what about the house? He wants to control what I do and do not take with me because "he" paid for it. I have not worked in 3 years. I have been attending school to graduate in 16 days as a registered nurse. I have not established a place to go, have not secured an RN position, and have little money. Can he legally kick me and my 2 kids out just like that? (sighs) your advice is greatly appreciated.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-28328833247065718562011-05-05T16:30:22.449-05:002011-05-05T16:30:22.449-05:00Dear Chris--I was remarried in Texas before my div...Dear Chris--I was remarried in Texas before my divorce was final in Califonia...I appear in front of the judge he said you are now divorce and that i would get a copy of the proceeding and judgement in the mail.Two weeks later I get the proceeding with a date on it(Feb)stating that as of this date marriage is terminated,not paying any mind to the rest of it,that read or until final judgement is recieve.While in Texas visiting thinking I am Divorce I get remarried (april),five months later in (sept)i get the letter of entry of final judgement.I never did anythig to fix this cause I didn't know what to do-I did call the court clerk,but she was no help all she could say is you have to wait 6 months in the state of california to wed...6 months from what.<br />My question is I reside in Texas now and still with husband #2 did this marriage become valid once the other marriage was Finalized.It has since been 20 years and we live all these years as husband and wife but i would really like to make this right but I still don't know what to do or go by fixing this ,do we have to get married again is it considered common law.I don't have the funds to hire a lawyer.Any help would really be apppreciated.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-79813839669246810182011-05-05T01:09:54.136-05:002011-05-05T01:09:54.136-05:00This comment has been removed by the author.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-7005928613597507902011-05-05T00:32:28.513-05:002011-05-05T00:32:28.513-05:00This comment has been removed by the author.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-10441729170093289202011-05-04T23:41:26.137-05:002011-05-04T23:41:26.137-05:00This comment has been removed by the author.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-72639425403094033712010-02-08T10:02:43.425-06:002010-02-08T10:02:43.425-06:00Kelly, I can help her if her case is in the Dallas...Kelly, I can help her if her case is in the Dallas, Collin County area, otherwise she will need an attorney in her area.<br /><br />Let me know if I can help.Chris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-61858808270105075152010-02-06T09:41:20.495-06:002010-02-06T09:41:20.495-06:00Dear Chris,
My sister lives in Texas, and I reali...Dear Chris,<br /><br />My sister lives in Texas, and I realize now, is a putative spouse. Her first marriage was never legally ended, even though her first husband has married twice more, before my sister married her second husband. They both knew that this was the case going in, and were married for 8 years. Both believed they were legally married.<br /><br />Now that they are getting a divorce, my sister's attorney seems to think she has lost all of her rights to the property they aquired together while married, because she was never divorced from her first husband. She cannot even find her first husband, and has not spoken to him in 20+ years.<br /><br />Do you think you can help her?Kellyhttp://www.moorebenefitsinc.comnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-63354300729828190392009-07-23T16:09:07.415-05:002009-07-23T16:09:07.415-05:00Someone is common law married, but no legal docume...Someone is common law married, but no legal documents were obtained. But it does absolutlely meet the frounds for common law marraige. The family of the deceased is refusing to acknowledge the marriage. What can the lving spouse do to protect herself and what is the procedure to make the common law marraige legalCherryhttps://www.blogger.com/profile/03438991532857878536noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-83577763280311953392009-04-17T14:23:00.000-05:002009-04-17T14:23:00.000-05:00Anonymous, read my post. Your answer is right the...Anonymous, read my post. Your answer is right there. Once the impediment to the current marriage was removed (by the prior divorce being finalized) your current marriage was ratified. The answers are right in the post.<br /><br />All you have to do is to continue to breathe and you will remain married. Nothing else required.<br /><br />Good luck.Chris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-41260754164542072352009-04-17T14:02:00.000-05:002009-04-17T14:02:00.000-05:00Bob, most likely it will date back to the time the...Bob, most likely it will date back to the time they were married. Once the impediment was removed and they continued to live together, that ratified the marriage, all the way back, not just from March.<br /><br />I suggest your "friend" retain a lawyer, explain the situation and get their opinion. They may have a different opinion than I do, as may a judge.<br /><br />Good luck.Chris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-36068699242911352522009-04-15T13:57:00.000-05:002009-04-15T13:57:00.000-05:00I have a quick question for my friend. He was mar...I have a quick question for my friend. He was married and signed divorce papers in 2005, came to Texas and remarried in July 2007, but came to find out last month that the other divorce was never finalized.<br /><br />The divorce is now finalized as of March 16, 2009, but he wants to divorce his current wife (the one he married in 2007)who he has been living with as husband and wife ever since. It seems their marriage was void until March 16, 2009 when the impediment was removed. <br /><br />The question is he wants to file for divorce, does he only have to split his community property up on assets obtained since March 16, 2009? Can she claim to be a putative spouse and what rights would that give her?BOBnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-1077195571616351822009-03-26T06:02:00.000-05:002009-03-26T06:02:00.000-05:00I have a question. I previously posted a question....I have a question. I previously posted a question. I married my current husband(A) in Aug 2007. I had a the divorce with my previous X-husband(B) finalized in April 2007. I live in Texas. X-Husband(B) took the original divorce I filed to court and got away with changing the divorce date to January 2009. Is my marriage with husband(A) valid? If it is, do I need to get documentation to show that it is still valid? IF yes, how do I get this documentation? Would my marriage date to husband(A) change to January 2009 when the new divorce decree was signed? I am very stressed about this. Thank you for your help.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-59008577111963846762009-02-16T08:39:00.000-06:002009-02-16T08:39:00.000-06:00Oxymoronical, it is impossible to know the correct...Oxymoronical, it is impossible to know the correct answer without knowing all the facts, but the facts you lay out do not sound much different than a typical putative marriage except that you did not know about the marriage and subsequent divorce.<BR/><BR/>I cannot see how a persons lack of knowledge would change the result as the statute does not mention anything about all parties being informed. However, it could raise other issues such as fraud etc...<BR/><BR/>Sorry, that is about the best I can do with this one. If you are divorcing, retain an attorney and run it by them.<BR/><BR/>Good luck.Chris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-18526390540039922032009-02-15T00:10:00.000-06:002009-02-15T00:10:00.000-06:00I don't know if you are still following this blog ...I don't know if you are still following this blog entry, but I have a twist.<BR/><BR/>My wife and I filed an informal marriage form in Texas (1992) saying we had been living together as man and wife since June 1991.<BR/><BR/>We wanted a divorce last year and I went to Nevada to be near family. <BR/><BR/>While researching the divorce I discovered that she actually filed for divorce Sept. 1991 and that decree was "signed" on March 1992 and there are further court entries until October 1992.<BR/><BR/>I knew she had been married to a man that abandoned her, but I had no idea that she was married while we were living together as man and wife.<BR/><BR/>Is our marriage valid because she finalized the first marriage, even though I never knew her divorce had not been finalized?<BR/><BR/>Everything took place in Texas. Thank you.Oxymoronicalhttps://www.blogger.com/profile/07218424120411346209noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-21520286952591943012009-02-07T14:24:00.000-06:002009-02-07T14:24:00.000-06:00Hey Chris, I have been reading these posts and am ...Hey Chris, I have been reading these posts and am still in a legal conundrum with the issue of "putative marriage". I had a tahitian wedding (not legal in Tahiti) 12 years ago and never made it legal in Calif., and now we are involved in what looks like in a putative marriage case. We verbally and with civility spoke of how we would divide assets reasonably, but now after I was served with papers, she is asking for 38k a month to support her lifestyle. I have consulted an attorney on the matter, but he didn't give me much confidence that it would turn out well--he himself has only seen a couple of these cases in his career! Can you recommend a good Atty in Calif. with experience on this issue. Could you please give case law e.g.'s to this subject. I have looked through Family law code in CA and it seems to be quite sparse on this issue. Also, there are no impediments or kids in the mix--only assets which are in my name. Thanks for your advice and appreciate your response in advance.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-22659669745967983792009-01-08T16:29:00.000-06:002009-01-08T16:29:00.000-06:00Anonymous, your post is really hard to follow so I...Anonymous, your post is really hard to follow so I will try and answer in general terms.<BR/><BR/>In Texas, if a person is still married when they get married again because of some accident or whatever, then they can affirm the second marriage when they dissolve the first marriage as long as you are still cohabitating, etc...<BR/><BR/>I think all these answers are in my post. I do not know the answer as to when it dates back to without pulling out case law. It seems to be that if the original marriage is ratified, then it dates back to that time, but again, I am not sure about that.<BR/><BR/>Hire a lawyer and I bet they can find out!Chris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-83872014436032509642008-12-31T12:38:00.000-06:002008-12-31T12:38:00.000-06:00Ok. I amy sound dumb after reading all the comment...Ok. I amy sound dumb after reading all the comments. I have a case I need advise on. My Husband#2 filed a motion for summary judgement to void or null the divorce I filed in early 2007 which was finalized in spring 2007.Oh! so you know my X husband basically abandoned me and my child which he is not the father to and never really provided family support during the "suppose marriage", which he was recieving extra pay for during that period. He is now being asked to pay the military back for the period, the divorce i previously filed for. He is stating since he is in the military that he was not properly notified, which i did not know his address/location. I filed with publication on court house door. Well he withdrew that motion and then filed a motion for new trial, he was granted the new trial motion and we are now scheduled for trial early next year. During summer 2007 I met and got married to my husband who is also in the military. This is why we are concerned. We had a child this august 2008. It concerns me because i live with him overseas. Once the divorce is finalized once more with the previous marriage, is my current marriage still in tact? Under Texas law are we still considered married? if yes, is it from the date we origanlly got married? or do we have to get married again? I am extremely concerened because this determines our family staying together.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-50713466400825831552008-12-04T14:50:00.000-06:002008-12-04T14:50:00.000-06:00Confused, that is a really good question, and one ...Confused, that is a really good question, and one which I do not know the answer to. The problem is that you have so many jurisdictions involved.<BR/><BR/>I don't know why Texas was picked out as they have the same rules generally that you laid out in your post. The putative marriage thing validates your marriage (in Texas) when the impediment is removed (the prior marriage). You would have to be divorced.<BR/><BR/>My question is, how would the military know you are not married? You have obviously been acting married up to this point and I assume it was not a problem, so why is it now? Just go along as you were, get the divorce done, problem solved.<BR/><BR/>Sorry I could not be of more assistance.<BR/><BR/>Good luck.Chris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.com