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

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

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