Common-law marriage in Texas

[Bina1279]

My question is about common-law marriage in Texas. I lived with my ex for 6 years and in 2005, he put me on his health insurance as his spouse, which we called each other husband and wife. He presented me at work as his spouse and I did the same for him. He moved to New York at the end of that year to pursue another career and I was supposed to move with him in May of 2006, that didn't happen. He just stopped all communication with me two weeks ago and is seeing another woman. My question is, what do I have to do concerning this matter? I did a background check on myself and my last name was hyphenated with his. My friends said that we always said we were husband and wife throughout our relationship. He said he would deny it as of three weeks ago. Any help would be greatly appreciated! Thank you.

 

[irish223]

Since you haven't lived together for over 2 years, it may be difficult to prove that the following part of the statute doesn't apply to you. If you believe you can prove that the physical distance was not a separation, then I suppose you can file for divorce.

http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/htm/fa.001.00.000002.00.htm

§ 2.401. PROOF OF INFORMAL MARRIAGE.
(b) If a proceeding in which a marriage is to be proved as
provided by Subsection (a)(2) is not commenced before the second
anniversary of the date on which the parties separated and ceased
living together, it is rebuttably presumed that the parties did not
enter into an agreement to be married.