Can A Texas Couple Still Be Considered Married Even After Divorcing?

Law Blog

If you're considering divorcing your spouse and have already begun to make arrangements to disentangle your financial and physical lives from one another, you may be eager to put this unpleasant part of your life behind you. However, if you and your ex-spouse remain on good terms during your divorce and the years following, it's likely you could find yourselves in need of a second divorce should you inadvertently enter into a common-law marriage. Read on to learn how Texas treats these types of informal marriages and how one famous couple is still waging a common-law divorce battle nearly two decades after their "official" divorce. 

How could a divorcing couple wind up married again?

In Sinatra v. Sinatra, the ex-wife and current widow of singer Frank Sinatra, Jr. is petitioning the Texas Supreme Court to reinstate a trial verdict ruling that the couple had maintained a common-law marriage for more than a decade after their divorce in the early 2000s. 

Because Frank Sinatra Jr. continued to refer to Cynthia Sinatra as his "wife" in private and public, including appearing in one of her ads when she ran for a seat in the U.S. Senate, and provided her with financial support above and beyond his alimony obligations in the divorce decree, the trial judge found, they were still considered "married" under Texas's common-law marriage statute. This second divorce judgment also included a hefty share of Sinatra, Jr.'s estate. 

Sinatra, Jr. passed away while the appeal was pending, but prevailed before the Texas Court of Appeals, which held that no common-law marriage existed between the couple after their initial divorce. The Texas Supreme Court will hear this case and make a final determination.

While this isn't the first time a formerly-divorced couple has been deemed remarried under the state's common-law marriage laws, this may be the most high-profile (and high-dollar) example. The death of one of the two spouses has further complicated matters in Sinatra v. Sinatra, as proving one of the major three premises--that the parties wanted to remain married--is made more difficult when testimony can't be sought from both sides. Frank Sinatra, Jr.'s attorneys introduced significant evidence indicating that, while he still harbored warm feelings for Cynthia, he did not intend to remarry her after their divorce, and the Court of Appeals ultimately found this evidence to be more credible than Cynthia's slightly different set of facts could have led this common-law divorce to be upheld on appeal.

How can you ensure your divorce is truly final?

Being able to remain on friendly terms with your ex-spouse can make divorce a far less painful process. However, if you'd like to avoid the potential to be drawn into a common-law marriage, you'll want to set and maintain some clear boundaries after your divorce has been granted.

In order for a common-law marriage to be established after a divorce, the parties need to fulfill three factors: 1) agreeing they are married; 2) holding themselves out to the public as a married couple; and 3) living together as a married couple. There is no time limitation on the third factor, which means that a couple who divorced after a "quickie" marriage could be just as likely to create a subsequent common-law marriage as a set of spouses who were married for decades.

Therefore, creating clear boundaries and avoiding referring to your ex-spouse as your spouse in public can often be sufficient to show that your marriage has unequivocally ended. If you're in doubt, you may even want to have a legal document drawn up indicating your intent not to resume a marriage with your ex-spouse. While not all states carry the same common law marriage statues, it's important to talk to your divorce attorney for more information. 

1 September 2017