Waxahachie, TX Divorce Law Firms & Lawyers

Start by asking him if he filed for and completed a divorce.  It is possible to do that without you knowing about it if he alleged he could not find you to serve you or told a lie or two to the court.  If he tells you he obtained a divorce, then ask where.  You could also go to the county in which the two of you last lived together and any other county in which he lived after he lived with you to see if there is a record of your divorce in the clerk's office for whatever court handles divorces in that county.  In Tarrant County, it is the District Clerk for the family law courts, for example.  They should be able to look up your divorce by name.  If they have it, then ask for a copy. If you come up empty then you may need to take care of getting divorced yourself.  Your husband is still married to you until he gets a divorce from you.  Once he gets the divorce, his subsequent marriage is considered valid.

If your current living situation is not detrimental to the well being of your children I would think your ex would have a difficult time in modifying the judgment. However, if your ex has some evidence of conduct that is not in the minor children's best interest, such as domestic violence, drugs or alcohol, (this list is not exhaustive) then there may be grounds for a modification. I would suggest you contact an attorney to discuss your situation in detail.

Most people would prefer an annulment or divorce if for no reason other than the fact that an annulment treats you under the law as if no marriage had ever occurred. Some people like the idea of getting an annulment to avoid the stigma of saying they are divorced. However, you cannot simply choose between an annulment or a divorce. Annulments can only be obtained under certain circumstances.