De facto marriage and the Henry affair



The concept of common-law marriage has a long history in Texas and other western states, but it seems to be fading as more couples are now living together and having children without ever being legally married.

In San Antonio, however, a high-profile case involving a common-law marriage has rekindled interest in the concept. Personal injury lawyer Thomas Henry and Azteca Henry married in 1999, divorced in 2005, but continued to live together and see each other as husband and wife. But now Thomas Henry wants out. He claims that there can be no divorce because they are not married. Meanwhile, Azteca Henry claims they are living in a common-law relationship.

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