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maliceluvsyou · Jul 8, 2013, 08:04 PM

Ok so I never got legally married to my kids father, but we were together 14 years, we called each other husband and wife. But we have been broken up for two years now. I have met someone else who wants to marry me but I'm not sure if I need to get a divorce from my common law husband. I just filed for child support because we did have an agreement between us two that he will pay my rent as child support. Though when he finds out I'm dating someone he will stop paying my rent, so that's why I filed. So question is do I need to divorce him even though we never signed a marriage certificate?

N0help4u · Jul 8, 2013, 09:49 PM

What state are you in? I know in Pennsylvania they want a legal divorce for common law. You would go to the court house and file as they tell you to do.

maliceluvsyou · Jul 8, 2013, 09:54 PM

Originally Posted by N0help4u

what state are you in? I know in Pennsylvania they want a legal divorce for common law. You would go to the court house and file as they tell you to do.

I live in Texas

N0help4u · Jul 8, 2013, 11:03 PM

In Texas you only need to file if you got the common law certificate OR if you have children or substantial property or assets
So yes you have to file the basic steps are
Complete an Original Petition for Divorce and an Affidavit of Consent for your partner to sign stating he does not contest the divorce. Then your ex has to be served.

maliceluvsyou · Jul 8, 2013, 11:40 PM

Originally Posted by N0help4u

In Texas you only need to file if you got the common law certificate OR if you have children or substantial property or assets
so yes you have to file the basic steps are
Complete an Original Petition for Divorce and an Affidavit of Consent for your partner to sign stating he does not contest the divorce. Then your ex has to be served.

Oh OK thank you do much!

maliceluvsyou · Jul 8, 2013, 11:44 PM

Originally Posted by N0help4u

In Texas you only need to file if you got the common law certificate OR if you have children or substantial property or assets
so yes you have to file the basic steps are
Complete an Original Petition for Divorce and an Affidavit of Consent for your partner to sign stating he does not contest the divorce. Then your ex has to be served.

Oh and how do I get this petition for divorce? And the affidavit of consent?

Fr_Chuck · Jul 9, 2013, 01:34 AM

It is best if you use an attorney, also, you can just post a answer to your own post, not "reply" there is no need to include a copy of each post you are answering.

Your answer really gets lost among the copied post.

But it will be treated just like any divorce, but as noted, you need to determine if by state law, you meet the requirements that require, next, until it is proved he is a common law husband, I would not use the term, just man I lived with. Since often we call things, names they are not.

maliceluvsyou · Jul 9, 2013, 01:39 AM

Oh OK, I also did my taxes with him, I just want to make sure that we are not considered married because I don't consider him my husband, thank you.

joypulv · Jul 9, 2013, 02:38 AM

I don't have time right now to look up Texas law, but find it hard to believe that you have to do anything at all? Source?
Filing taxes jointly can get you in trouble if you were not married or officially common law. You could owe. Of course the IRS might never know.

AK lawyer · Jul 9, 2013, 04:58 AM

Originally Posted by maliceluvsyou

Oh and how do I get this petition for divorce? And the affidavit of consent?

Go to the clerk of court at the county courthouse. Or many clerks of court now have websites where such forms might be available. Google "_____ County Texas clerk of court".

But you appear to already know that. Where did you file for child support?