W. Tyler Moore, PC

Divorced or not? One marriage at a time

One marriage at a time is the rule in Texas.  I've had inquiries from people who were upset to learn the divorce in their previous marriage, for one reason or another, had not been finalized.  This revelation came during the second "marriage"  and  caused some concern as to the status of the current "spouse".  The law in Texas recognizes only one marriage at a time.  If for some reason, the first divorce is not final, the only solution is to make it final by finishing the divorce. Once the first marriage is declared at an end by divorce, then the second marriage may be recognized as valid without the necessity of a formal marriage cerremony--lf the requirements for a common law marriage are met.  BUT the second marriage cannot be retroactive to a date before the end of the first marriage.  

This may not seem like a big deal until you consider the implications as to the creation of community property vs. separate property and the various rights existing between the marital and separate estates. Talk to an experienced Houston divorce attorney such as W. Tyler Moore at www.wtylermoore.com.  713-929-2242

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