In most cases, this is a straightforward issue, but there are several situations that can give rise to this question.
Common law marriage. Texas is one of a few states that recognize common law marriage, so if you are a common-law spouse you have the same rights and responsibilities as if you had entered a ceremonial marriage. However, you may encounter a situation where you must prove your common-law marriage truly existed. We can help.
Legally separated. You are still considered the surviving spouse if you were legally separated at the time of death.
If you were the spouse when the death occurred, you can still sue for wrongful death if you have since remarried.
Putative spouse. Texas law does not allow a putative spouse to sue for wrongful death. Putative spouse situations can be complex, so please do not make assumptions. We may still be able to help you recover compensation.