After an unhealthy marriage my mother and her husband decided to get a sseparation. They have been living apart, in different states, for the past twenty years. My mother's husband has been living with another woman for the duration of those twenty years in Texas. I am aware that Texas is a common law state and under different circumstances this would be known as a common law marriage. My mother has asked many times for a divorce but her "husband" drags his feet on filing and if my mother files she has a chance of losing her job. I would like to know if legally my mother and her "husband" are divorced or if someone still has to file.:confused:

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Originally Posted by futurelawyer

After an unhealthy marriage my mother and her husband decided to get a sseparation. They have been living apart, in different states, for the past twenty years. My mother's husband has been living with another woman for the duration of those twenty years in Texas. I am aware that Texas is a common law state and under different circumstances this would be known as a common law marriage. My mother has asked many times for a divorce but her "husband" drags his feet on filing and if my mother files she has a chance of losing her job. I would like to know if legally my mother and her "husband" are divorced or if someone still has to file.:confused:

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Someone has to file or the courts have no idea what's going on. That's the only way to make it legal is to follow it through. Why will she lose her job if she files for divorce ?

Someone has to consult with an Attorney and probably file.

I concur - why would she lose her job if she gets divorced?

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Originally Posted by JudyKayTee

Someone has to consult with an Attorney and probably file.

I concur - why would she lose her job if she gets divorced?

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When she moved to memphis and applied for her job she put down that she was not married and when you get a divorce they file that information in the newspaper. If someone in a high position at her job were to see that then they would bring up the point that she lied on her application. It has happened before.

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Originally Posted by futurelawyer

When she moved to memphis and applied for her job she put down that she was not married and when you get a divorce they file that information in the newspaper. If someone in a high position at her job were to see that then they would bring up the point that she lied on her application. It has happened before.

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Yes, any time you lie on a job application, the truth comes out, you can be terminated. I've seen it happen. There is also no defense to the termination.

If she wants to be divorced, unfortunately someone has to actually do the Court filing.

I am sure you are aware that the bad side of this is that she could be - I'm not saying would be - responsible for "his" bad debts, bad judgment, medical bills - as they are husband and wife legally.

This is one of those tough situations that has no easy answer.

First in the newspaper?? Not really and if so, they don't know when she got married, and to be honest I don't think anyone would care.

To cover herself, she may want to come honest ahead of time with Human resourse saying that she thought she was, but it turned out he never followed though or something.

But remember as her husband, if she would die, he would have some claim to her estate still.

The common law issue has no bearing, there is no common law divorce