Ron White and Margo Rey

Sometime around June 2017, Margo Rey filed for divorce from Ron “Tater Salad” White in Los Angeles, California. The couple got married in 2013 however, Margo claimed in her petition that she and Ron had a common law marriage in Texas since 2008. Margo has also asked for Ron to pay her spousal support. In another twist, Ron filed documents alleging the parties were never legally married even though they had a ceremony they never got a marriage license.

This case has several issues that would be addressed if Margo filed for divorce in Texas.

  1. Common law not recognized in California (Texas Twist – It is in Texas!)

Margo alleged that her and Ron were common law married in Texas while Ron alleges there is no marriage license. In Texas, Margo can prove a common law marriage existed if the couple did three things:

  • Agree to be married
  • Live together as husband and wife, and
  • Told others that they were married.

The thing about celebrity couples is that their private lives tend to be exposed for all to see on the internet. A quick search on the internet shows that all three elements for common law marriage may exist for the couple. It is quite possible; a Judge will find that a common law marriage existed if the case was in Texas.

  1. Spousal Support (Texas Twist – Spousal Maintenance)

A request for spousal maintenance is not automatic in Texas. In order for a spouse to be eligible, the spouse seeking maintenance must lack sufficient property once the divorce is final (including separate property) to provide for her minimum reasonable needs.  A quick search on the internet shows that Margo is a very successful musician/actress in her own right. In Texas, she may not be able to sustain a request for spousal maintenance.

  1. Common law not recognized in California Part II (Texas Twist – What happens in Texas, doesn’t stay in Texas)

Ron says the marriage was never legal because no marriage license was issued. In short, Ron seems to say “Hey Judge, yeah in Texas we have a common law marriage but not in California.” Ron and Margo had a wedding ceremony in Texas in front of family and friends. If Margo can satisfy the elements for common law marriage for Texas, then it is possible that California may recognized the marriage as well. California has in the past recognized marriages based on the laws of different states or foreign countries where a marriage occurred.

If you or anyone you know has questions pertaining to family law or wishes to have a free 30-minute consultation, please contact the family law attorneys at the Brandy Austin Law Firm. Our attorneys are experienced in handling all types of family law cases including divorce, custody, adoptions and child support.

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