Q: How can I stop my ex from harassing me with false common law marriage claims in Texas?

A: The correct legal procedure is to file an original petition seeking a declaratory judgment that you were never married.

The joint tax return, however, presents a problem for you. Single taxpayers may not file a "joint" return even if they are living together. The filing of a joint federal income tax return is prima facie evidence of holding each other out publicly as spouses. It is not dispositive, but it is enough to raise a fact question that must be resolved by the trier of fact.

To be certain to bring this relationship to an end, you might consider joining with your declaratory judgment action a suit for divorce in the alternative if the court finds that you do indeed satisfy the elements of a common law marriage

. If she is pregnant, you can join a paternity suit into the same action and request a paternity test of the child. It seems unlikely the child is yours if you were only together for eight months unless the child is not yet born. In that event, you will have to wait until the child is born to get the paternity test, but you can ask for it now.

You can also ask for a protective order due to the prior episodes of violence. It is not necessary that you were married to get a protective order. But you might not receive a protective order if you are no longer living together and she has not come around your workplace or where you now live.

This is a fairly complex family law matter, so you should seek to hire a more experienced attorney who practices in the area of family law in or near the county where you or where your ex lives. The TBLS does board-certify attorneys in the area of family law, and you should consider hiring such a board-certified attorney. You can probably retain an experienced or board-certified family law attorney in this situation for $20-25,000. Given the complexity, I recommend you avoid cheaper, less experienced alternatives.

A: To stop harassment regarding false common law marriage claims in Texas, you should understand that valid common law marriage requires three elements: agreement to be married, living together as spouses, and representing to others that you're married. Since you didn't present yourselves as married and your cohabitation was relatively brief, you have strong grounds to dispute these claims.

Consider filing for a protective order based on the documented physical violence, which can legally prevent her from contacting you. You might also benefit from filing a declaratory judgment action in family court to officially establish that no marriage exists, bringing clarity and legal finality to the situation. For the paternity matter, you can petition the court for DNA testing, which would establish legal rights and responsibilities regarding any children involved.

Document all harassment incidents with dates, times, and content to strengthen your case, and communicate with your ex only through your attorney if possible. Working with a family law attorney familiar with Texas marriage laws will help you navigate this challenging situation effectively, as they can guide you through the specific legal procedures needed in your county and represent your interests if this matter goes to court.