Am I common law married, or married to two women?

In Texas, a common law marriage is created if there is an agreement between the parties to be married, they represent to others they are married and they reside together. An agreement is formed when the later 2 factors are met. Genearlly, representing to other factor is fact intensive. Case law has varied, but generally, representing to others means that you tell other you are married, including your familiy and friends. Filing taxes is a factor considered. (besides the common law issue, you also may have IRS issues if they find out you guys were not married and filed as such). With that said, in Texas, the burden will be on the party to prove that you guys were married. Based on how long the party files for divorce after the sepeartion the burden/presumption changes. Also, in Texas, the 2nd marriage is considered void (not just voidable) if there is an existing and valid 1st marriage. SOrry for the vague answer, but more facts are required. Consult a local family law attorney to furhter assist you. Good luck and wish you success. Min Gyu Kim (Peter) www.kimlylaw.com

OK, first you have to cohabitate. You did that. Second, you have to hold out to the public you are husband and wife. The tax return is evidence of this, but you can offer other evidence that this is the only time you held out as husband and wife. Third, you both have to want to be married. The third part of this equation is ussually implied by the first two. However, Family Code section 2.401(b) states (paraphrasing) you have to bring action to prove the marriage existed within 2 years of the date you stopped cohabitating or there will be a rebuttable presumption that the marriage did not exist. Since you have been married for 3 years, I assume you did not live with your ex within the last 2 years. You really should find a lawyer. I would not advise you to ignore or take the issue lightly.