If I was married 18 years ago but we lived together just 1 month, are we still legally married all these years later?

UPDATED: Jul 8, 2012

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If I was married 18 years ago but we lived together just 1 month, are we still legally married all these years later?

Asked on July 8, 2012 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It depends on what kind of marriage you had.  If you had a legal marriage where you got a license and had a ceremony (JP or other authorized official), then yes, you are still married-- because legal marriages continue until they are formally dissolved in court.  If you had an informal marriage or common law marriage, then you have a presumption in your favor that you are not married.  Because of the time that you have been seperated, it creates an impression that ya'll never really intended to be married. 

If you need a divorce because you had a legal marriage, you may want to contact Austin first to make sure that your ex- hasn't already filed for and was granted a divorce.  He/she may have already filed and had you served by publication (in the county newspaper).  It will take a little effort, but it will save you the expense and effort of a new divorce if you're already divorced.

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