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Referred by the knotties...looking for help

Hi ladies!  I was venting on the knot about my wedding dilemma and was referred to this board for help.  I'm getting married in October, but a serious road block has surfaced.  My fiancee has 3 children and was with their mother before me.  Well, while they were together, they decided to file taxes together and so now apparently they're legally married so they have to actually divorce.  I wanted to fill out the divorce papers myself using one of those online services, but I'm afraid I might mess it up.  Does anyone know of any affordable family law attorneys in Harris county?  They don't have property to divide, he already has all of the child support/custody agreements done, and she's agreed to sign papers with no problem.  I'm freaking out because we don't have much money, but if we can't get this taken care of, we may not be able to get married in October :-(   Please help.

Re: Referred by the knotties...looking for help

  • Just filing taxes together does not make them married.  But if they did file taxes as married, without legally being married, there's still that issue.

    You may have to wait 6 mos. until divorce is final before you guys can legally  marry.

    Not much help here...good luck!

  • I agree with pook. Also, I tried doing the paperwork myself when I got divorced and it's a lot more work than you think (and I had experience doing it) I ended up hiring a paralegal who finished up the paperwork for me and actually fixed some I did wrong. He was actually pretty cheap ($250 but this was in CA and 5 years ago) and since my divorce was mutual (as it seems your FI's is) then it was pretty easy. He wasn't able to offer legal advice, so if you need that they can't help, but it was good to have someone do the work for me and get it done right. We did have to wait the 6 months after everything was filed before it was final. There are some lawyer nesties on here so perhaps they can offer better advice. GL!
  • image pook:

    Just filing taxes together does not make them married.  But if they did file taxes as married, without legally being married, there's still that issue.

    You may have to wait 6 mos. until divorce is final before you guys can legally  marry.

    Not much help here...good luck!

     Probably not, but if they cohabitated for a set amount of time, had children together AND filed taxes married/jointly, then they would be considered common law and would require a divorce.

    I think he should contact a lawyer, I know that's expensive, but you will get the best legal answers, and fast resolution.

    Good luck, I hope you get your October wedding! 

  • There's no time requirement on living together for common law marriage in Texas. ?But there is (1) an intent requirement (i.e. they must have agreed to be married), (2) a representation requirement (they must represent to others they are married), and (3) a co-habitation in Texas requirement. ?All three have to be present at the same time for there to be common law marriage in Texas. ?

    ?Your fiancee and his ex should go discuss this further with a family law attorney to determine if a divorce is needed or not. ?(I would NOT recommend having a paralegal help out here - they are not licensed to practice law) ?If they are not married, but represented on their taxes that they are married, I would definitely get in touch with Uncle Sam and start taking steps to rectify that misrepresentation ASAP. ?I imagine they may have done this to reduce their tax burden. ?If they do owe more taxes by filing separately rather than as a married couple, every day they wait is more money in interest on the deficitient amount of taxes. ??

    Good luck!?

    image

    Click it if you can't say it!
  • They did live together and had children together, but I don't believe they ever called each other husband and wife or agreed to be married.  They only filed together because the guy at H&R Block told them they would get more money.  If they agree on the fact that they did not agree to be married is there a chance they may not need the divorce?  If we go talk to a family law attorney, do I just set up a consultation and pay to speak to someone to decide whether or not we need to pursue this?  I would much rather him work something out with the IRS rather than have to hope this divorce goes through in time for our wedding.  She doesn't have a job, it was based on his income only.  Anyway, thanks.  You may have given me a glimmer of hope.
  • Nevermind. I'm thinking it would be cheaper for them to agree they were married and represented themselves as so and just get the divorce.  I found an attorney who will do it for 500 plus filing fees.  Since it's a fairly simple divorce, do you think it will take long?
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