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  1. #1
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    Default Official Affidavit of Informal Marriage

    After making up my own form and sending it in. They told me it was ok..but they needed it done on the Offical TDCJ form. Ok..fine. How do I get one of those, i asked. So one of the classification ladies at Gurney Unit was nice enough to send it to me. I scanned it. And if anyone wants the OFFICIAL form pm me your email address and I will gladly send it to you. Now if i could just get the form for my husband, which apparently is different. He has requested it 4 times already and hasn't received it or a denial for his request. smh. She said if she could find one she would send it to him. Well i don't think that's gonna happen. So if anyone has that form and would like to share that would be awesome!


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    So far on their website I found this but I don't think you want the common law marriage form (?) I am now going to look what the inmate handbook states about the form.

    http://www.tdcj.state.tx.us/document...on_English.pdf

    (Texas) Common-law:
    A common-law marriage cannot include a party
    who is 17 years old or younger. A common-law marriage is when
    a man and woman agree to be marri
    ed and after the agreement live
    together as husband and wife and represent to others that they are
    married. Acceptable documentation for establishing a common-law
    marriage status is a Declarati
    on and Registration of Informal
    Marriage. A declaration of info
    rmal marriage shall be executed on
    a form provided by the Bureau of
    Vital Statistics of the Texas
    Department of State Health Se
    rvices and provided by the County
    Clerk. In absence of a Declarati
    on and Registration of Informal
    Marriage,both the offender and the common-law spouse may
    submit to the Warden an Affida
    vit of Informal Marriage form
    declaring the marriage. The offender may use an unsworn
    affidavit under penalty of perjury (Sections 132.001 ? 132.003,
    Texas Civil Practice and RemediesCode). However, the common-
    law spouse must provide an affi
    davit certified by the County Clerk
    or notarized by a Notary Public. Any other form of registration
    acceptable to the Bureau of Vital Statistics is considered
    acceptable proof of marriage. A
    copy of the documents shall be
    placed in the offender?s unit file.
    Last edited by TexasDust; 03-21-2013 at 02:41 PM.

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    I just sent you a PM


    Quote Originally Posted by Lilndngyrl View Post
    After making up my own form and sending it in. They told me it was ok..but they needed it done on the Offical TDCJ form. Ok..fine. How do I get one of those, i asked. So one of the classification ladies at Gurney Unit was nice enough to send it to me. I scanned it. And if anyone wants the OFFICIAL form pm me your email address and I will gladly send it to you. Now if i could just get the form for my husband, which apparently is different. He has requested it 4 times already and hasn't received it or a denial for his request. smh. She said if she could find one she would send it to him. Well i don't think that's gonna happen. So if anyone has that form and would like to share that would be awesome!

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    OK..i called up to the unit right after i posted this and asked to speak with the Law Library..i had spoke with someone about this issue about 3 weeks ago. So any way i told her that he has sent in 4 I-60 and has received nothing back and she quickly replied that that was impossible cause they turn them out within the day they recieve them. So i said well i don't know what's going on..why you haven't recieved them but he hasn't gotten anything. She then says..ok..i will put one in the mail for him right now and he should get it tonight at mail call. Then she says..wait..i will call him down right after count and give it to him personally. He is suppose to call tonight so we will see if he gets it..I'm excited..


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    My birthday is Apr. 24th..and to be able to get a contact visit for my bday would be so awesome..Cross your fingers for me this goes smoothly


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    I am sending you a PM

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    Praying everything goes well with the common law form and that you get that special birthday contact visit!!! My fiance had sent me the common law form to fill out for our contact visits but 3 days later, Friday the 15th, he was sent to Choice Moore Transfer unit in Bonham and they told me there that they all get contact visits with anyone on their visiting list anyway so we're good, hoping to go see him Sunday, first time in a month!


    Quote Originally Posted by Lilndngyrl View Post
    My birthday is Apr. 24th..and to be able to get a contact visit for my bday would be so awesome..Cross your fingers for me this goes smoothly

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    Thats is awesome..where in texas is that at? That's exciting..I'm sure your visit will go well.

    Quote Originally Posted by mysavingrace View Post
    Praying everything goes well with the common law form and that you get that special birthday contact visit!!! My fiance had sent me the common law form to fill out for our contact visits but 3 days later, Friday the 15th, he was sent to Choice Moore Transfer unit in Bonham and they told me there that they all get contact visits with anyone on their visiting list anyway so we're good, hoping to go see him Sunday, first time in a month!


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    LOL..my bad i can't read..i read it again and saw it was in Bonham..maybe my baby will get sent there..it's closer to me.

    Quote Originally Posted by Lilndngyrl View Post
    Thats is awesome..where in texas is that at? That's exciting..I'm sure your visit will go well.


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    Mine was only at Gurney 3wks to the day when they moved him to Choice Moore so I'm hoping it's a good sign as quick as they are moving him through the system. Only 25 days in county, 3wks exactly in Gurney processing and straight up to the transfer unit. It's a 3hr drive up there for us but anything to see him!

    Quote Originally Posted by Lilndngyrl View Post
    LOL..my bad i can't read..i read it again and saw it was in Bonham..maybe my baby will get sent there..it's closer to me.

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    I hope it is a good sign..it is a 4 1/2 hr drive for me to Gurney..and if he got moved there it would be a 2 hr drive..Man i hope he gets moved closer....but one thing at a time..I hope we gets these forms approved so we can kiss, hold hands..It will be a year the
    28th of this month..ugh i need a kiss and a hug..

    Quote Originally Posted by mysavingrace View Post
    Mine was only at Gurney 3wks to the day when they moved him to Choice Moore so I'm hoping it's a good sign as quick as they are moving him through the system. Only 25 days in county, 3wks exactly in Gurney processing and straight up to the transfer unit. It's a 3hr drive up there for us but anything to see him!


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    Oh wow girl! A yr no hug, no kiss or anything, I'd go insane! How long has he been at Gurney? I am crossing everything in hopes that y'all get the forms approved so you can finally have that hug!!!


    Quote Originally Posted by Lilndngyrl View Post
    I hope it is a good sign..it is a 4 1/2 hr drive for me to Gurney..and if he got moved there it would be a 2 hr drive..Man i hope he gets moved closer....but one thing at a time..I hope we gets these forms approved so we can kiss, hold hands..It will be a year the
    28th of this month..ugh i need a kiss and a hug..

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    He's been at Gurney since Nov. 16th. Yep the glass is too cold and thick. And I'm crossing everything too..please please please..let me be able to touch him. Hopefully it won't be our only time..cause i don't know how i'm gonna control myself and not get in trouble.

    Quote Originally Posted by mysavingrace View Post
    Oh wow girl! A yr no hug, no kiss or anything, I'd go insane! How long has he been at Gurney? I am crossing everything in hopes that y'all get the forms approved so you can finally have that hug!!!


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    Lol you'll do just fine! Although I don't know, I might have a hard time controlling myself too if it had been a yr! Wow he been there awhile then, I'm surprised mne got sent out as quick as he did. How long is his sentence? Mine is only 2yrs. Maybe that's got something to do with how quick they're moving him through, I don't know.

    Quote Originally Posted by Lilndngyrl View Post
    He's been at Gurney since Nov. 16th. Yep the glass is too cold and thick. And I'm crossing everything too..please please please..let me be able to touch him. Hopefully it won't be our only time..cause i don't know how i'm gonna control myself and not get in trouble.

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    his sentence is 15 yrs..hopefully he will get paroled at 7.

    Quote Originally Posted by mysavingrace View Post
    Lol you'll do just fine! Although I don't know, I might have a hard time controlling myself too if it had been a yr! Wow he been there awhile then, I'm surprised mne got sent out as quick as he did. How long is his sentence? Mine is only 2yrs. Maybe that's got something to do with how quick they're moving him through, I don't know.


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    Oh my Lord girl I don't know if I could do that many!! With his being unlawful poss. of firearm by felon we're lucky he only got 2yrs cause that is a mandatory 2-10 in TX so it coulda been worse. I will definitely keep you and him in my prayers and thoughts

    Quote Originally Posted by Lilndngyrl View Post
    his sentence is 15 yrs..hopefully he will get paroled at 7.

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    shoot i don't know if i can do that many..but i'm here right now..so that's all i can do..is live day by day.

    Quote Originally Posted by mysavingrace View Post
    Oh my Lord girl I don't know if I could do that many!! With his being unlawful poss. of firearm by felon we're lucky he only got 2yrs cause that is a mandatory 2-10 in TX so it coulda been worse. I will definitely keep you and him in my prayers and thoughts


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    Woohoo! You finally got them to do something and actually hand-deliver the form!!! I'm hoping that he tells you this evening when he calls "I'VE GOT THE FORM"!
    Mrs. Hernandez

    My Husband is Finally Home 3/5/13 amor de mi vida <3

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    Yep just go day by day, that's all any of us can do.

    Quote Originally Posted by Lilndngyrl View Post
    shoot i don't know if i can do that many..but i'm here right now..so that's all i can do..is live day by day.

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    Exactly..i can do this..

    Quote Originally Posted by mysavingrace View Post
    Yep just go day by day, that's all any of us can do.


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    I know right...and i will say "ME TOO!!" Cause he doesn't know i got it yet. I'm excited!

    Quote Originally Posted by khernandez View Post
    Woohoo! You finally got them to do something and actually hand-deliver the form!!! I'm hoping that he tells you this evening when he calls "I'VE GOT THE FORM"!


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    Quote Originally Posted by Lilndngyrl View Post
    I know right...and i will say "ME TOO!!" Cause he doesn't know i got it yet. I'm excited!
    Fingers crossed because I know you are ready to get this done - you've been waiting forever now for them to get the form to him. Now to wait for that call....lol
    Mrs. Hernandez

    My Husband is Finally Home 3/5/13 amor de mi vida <3

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    I'm actually going to the gym today...not your kinda gym kendra.. so that will help bide some time till his call at 7pm..So crazy how a little piece of paper can make me so happy..

    Quote Originally Posted by khernandez View Post
    Fingers crossed because I know you are ready to get this done - you've been waiting forever now for them to get the form to him. Now to wait for that call....lol


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    Quote Originally Posted by Lilndngyrl View Post
    I'm actually going to the gym today...not your kinda gym kendra..
    Lol!

    I read that and all I could do was laugh...

    She is out for the day until tomorrow

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    LOL..i'm sure she didn't see that yet..she will laugh about it tomorrow though i'm sure. She had said something about going to the gym the other day after work and she told me the next day she didn't make it to the gym..but she did work out..

    Quote Originally Posted by TexasDust View Post
    Lol!

    I read that and all I could do was laugh...

    She is out for the day until tomorrow


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    He can get one from in there. My husband actually got one from a fellow inmate. That is what we used when he first got to state jail. He sent it to me completed with his information. I sent it back to him notarized with my information and we got contact visit. Only do this if your serious about marrying your inmate cause it legally binds you to them. Were actually married now via proxy. So good luck to you and yours

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    Quote Originally Posted by catfish74 View Post
    He can get one from in there. My husband actually got one from a fellow inmate. That is what we used when he first got to state jail. He sent it to me completed with his information. I sent it back to him notarized with my information and we got contact visit. Only do this if your serious about marrying your inmate cause it legally binds you to them. Were actually married now via proxy. So good luck to you and yours
    I do believe there is a difference between the "Common Law Affidavit" which gets notarized and filed with the court clerk

    and the;

    "Informal Marriage Affidavit" which you only sign and it does not get filed, I don't know if they have to notarize it as well but for sure you do not file it with the court clerk

    Common Law and Proxy Bind you in Marriage

    Informal Marriage Affidavit does not as it is and was never filed with the courts, it is only used for TDCJ Visitation Purposes
    Last edited by TexasDust; 03-21-2013 at 06:27 PM.

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    No this one doesn't go to the county clerk at all. Just notarized by a notary. I believe it was the informal marriage form. I got it noterized and mailed it back then they changed me to wife and was able to get contact visit, till this day I have already gotten our actual marriage license but haven't even taken them that to update his files. Still using the informal marriage form.
    But that form I signed and I did have to get it notarized. Let me go did it up and I will let you know shortly.

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    Also your right about the Common law forms and proxy but a friend of mine had to get a divorce due to that informal marriage form as well. Just an FYI

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    Quote Originally Posted by catfish74 View Post
    Also your right about the Common law forms and proxy but a friend of mine had to get a divorce due to that informal marriage form as well. Just an FYI
    I have done a lot of reading on the subject, and I hear no divorce and then I hear divorce and I hear it is won because the paper was never filed, also that most states do not recognize the informal marriage and there fore they are not considered married and free to marry with out a divorce

    BUT what some fail to understand or realize if they get out of prison and they do live together it is no longer really about that paper work for visitation but common law, laws that apply to them.

    Personally I think it is hahahha I will spare the Members my opinion on that other than to say why do it just to visit someone in prison to have a contact visit and knowingly know you do not want to be married to them!?

    I say force them to live together and never let them out of it, Lol!

    On another note some do not realize if you sign and income tax return together as joint you are legally married and you have to get a divorce

    Oh it also made me wonder if TDCJ does this to make lots of money if they do have to go to court to get a divorce...

    But even on the TDCJ website it states it is only used for visitation purposes

    That is why I like hearing stories from the ones that actually got them and then hear what happened when the one got out and they each went there own way!?

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    Quote Originally Posted by catfish74 View Post
    No this one doesn't go to the county clerk at all. Just notarized by a notary. I believe it was the informal marriage form. I got it noterized and mailed it back then they changed me to wife and was able to get contact visit, till this day I have already gotten our actual marriage license but haven't even taken them that to update his files. Still using the informal marriage form.
    But that form I signed and I did have to get it notarized. Let me go did it up and I will let you know shortly.

    See from the way I understand it, if the form was never filed you would have never got a license of marriage cause there was nothing for the court to go by , if the court never gets their hands on that paper how can they draw up a marriage license for anyone (?)

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    Thanks for the info...but i don't plan on divorcing him if it comes to if the form is legally binding or not. When he gets out..we are gonna have a wedding. I would do the proxy marriage..if i lived in Texas..but since i live in Oklahoma i can't just run to the court house on my lunch break to get the forms and such.


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    Man i hate liars....just got off the phone with my baby and he said that lady didn't call him to the law library and didn't give him the form. Geez..just when you think things just might be going your way..ugh!..I will be calling that liar in the morning..and bugging the hell out of her until she does it..I will kill her with kindness.


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    Quote Originally Posted by khernandez View Post
    Woohoo! You finally got them to do something and actually hand-deliver the form!!! I'm hoping that he tells you this evening when he calls "I'VE GOT THE FORM"!
    I was going to post to Kendra don't get to happy it hasn't happened yet...

    Quote Originally Posted by Lilndngyrl View Post
    Man i hate liars....just got off the phone with my baby and he said that lady didn't call him to the law library and didn't give him the form. Geez..just when you think things just might be going your way..ugh!..I will be calling that liar in the morning..and bugging the hell out of her until she does it..I will kill her with kindness.
    Awe I am so sorry that is a shame!

    I came across another story looking for that form for you and it said the same thing, that the inmate requested the form several times and never received it...

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    Yep..it's ridiculous..but i will just keep on bugging her..that's how i got the other one. I think the lady in classifications knows me by name now..

    Quote Originally Posted by TexasDust View Post
    I was going to post to Kendra don't get to happy it hasn't happened yet...



    Awe I am so sorry that is a shame!

    I came across another story looking for that form for you and it said the same thing, that the inmate requested the form several times and never received it...


    Forever and Always <3

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    Quote Originally Posted by Lilndngyrl View Post
    Yep..it's ridiculous..but i will just keep on bugging her..that's how i got the other one. I think the lady in classifications knows me by name now..
    Have you thought of calling the directors office and telling them what is going on and asking them what can be done or if they can handle it for you as the DOC employees are not following protocol.

    The directors office is not in the prison it is an Establishment in the city, you only really want to talk to the secretary and see what she may tell you. (It is just a thought )

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    No i haven't..where would i get the # for that?

    Quote Originally Posted by TexasDust View Post
    Have you thought of calling the directors office and telling them what is going on and asking them what can be done or if they can handle it for you as the DOC employees are not following protocol.

    The directors office is not in the prison it is an Establishment in the city, you only really want to talk to the secretary and see what she may tell you. (It is just a thought )


    Forever and Always <3

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    Quote Originally Posted by Lilndngyrl View Post
    No i haven't..where would i get the # for that?
    let me find it for you BRB

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    ok first let me know if this link works for you (?)

    The man on top with the picture is the Main Director above or in charge of 6 directors don't call him till last if need be which again when you call these individuals you may not get past his secretary Lol! that is okay she can help or send you to who can help.

    you will find which on you need to call as it is done by units here but I would drop the name that you are calling them to resolve the issue before you call _____________(which would be the director above him or his boss)

    http://www.tdcj.state.tx.us/search_i...tor of prisons

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    Man your awesome..thank you so much..hopefully it won't come to that..and she just does what she is suppose to do..but it's good to have a back up plan.

    Quote Originally Posted by TexasDust View Post
    ok first let me know if this link works for you (?)

    The man on top with the picture is the Main Director above or in charge of 6 directors don't call him till last if need be which again when you call these individuals you may not get past his secretary Lol! that is okay she can help or send you to who can help.

    you will find which on you need to call as it is done by units here but I would drop the name that you are calling them to resolve the issue before you call _____________(which would be the director above him or his boss)

    http://www.tdcj.state.tx.us/search_i...tor of prisons


    Forever and Always <3

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    No my marriage license was done a whole different way. We did that through the county clerk and he actually had to have TDC notarize it on his end. That took some months but we did it the legal way cause WE actually want to be married to each other not just for visits. I got the form number and its a TDC form that your wanting to use for just visits. that form is the TDJC Offender Visitation Plan - Attachment D form there are 2 pages
    Its heading stated AFFIDAVIT OF INFORMAL MARRIAGE for the operational purpose of THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE

    Quote Originally Posted by TexasDust View Post
    See from the way I understand it, if the form was never filed you would have never got a license of marriage cause there was nothing for the court to go by , if the court never gets their hands on that paper how can they draw up a marriage license for anyone (?)

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    Quote Originally Posted by catfish74 View Post
    No my marriage license was done a whole different way. We did that through the county clerk and he actually had to have TDC notarize it on his end. That took some months but we did it the legal way cause WE actually want to be married to each other not just for visits. I got the form number and its a TDC form that your wanting to use for just visits. that form is the TDJC Offender Visitation Plan - Attachment D form there are 2 pages
    Its heading stated AFFIDAVIT OF INFORMAL MARRIAGE for the operational purpose of THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE

    I just know I read different comments all the time about no it is not legally binding then yes it is Lol!

    Thanks for that info on the affidavit I do know that I read that awhile back and if I am not mistaken it has questions and they pertain to trying to figure out how your Informally Married so it may be for visiting purposes, but the few questions they ask is to verify you acted in such a way that you are presumed Common Law...

    Ya on my other post, my opinion is it is stupid to do it just to get contact visits...

    But to each their own!

    I got married in prison with my first husband and I am sure a lot of people had their opinion about that as well We stood married till the day he died, we were together 19 years and married approx. 14 of them years, I knew him years on the outside before he went in and we got married. Matter fact we married Feb 14th and our first son was born March 30th

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    Even the form if you read it will tell you its only for TDCJ purposes, it is not legally binding in the state of TX. I wasn't sure myself when my fiance sent me mine, so I called the county clerk. She said that no it does not make it legally binding at all for the state, that once he is released you're still not legally married to each other until you both go to the county clerk office, file an affidavit there with them for common law informal marriage, then once that is done, you become legally married in this state and if you ever split, you have to get a divorce. We are going to go the legal common law when he comes home because neither of us are worried about a marriage license, certificate or wedding, I've been there and done that, those things didn't make me feel any different in my marriage. We're just gonna accept each other as husband and wife and be done with it, make it legally binding.

    Quote Originally Posted by TexasDust View Post
    I just know I read different comments all the time about no it is not legally binding then yes it is Lol!

    Thanks for that info on the affidavit I do know that I read that awhile back and if I am not mistaken it has questions and they pertain to trying to figure out how your Informally Married so it may be for visiting purposes, but the few questions they ask is to verify you acted in such a way that you are presumed Common Law...

    Ya on my other post, my opinion is it is stupid to do it just to get contact visits...

    But to each their own!

    I got married in prison with my first husband and I am sure a lot of people had their opinion about that as well We stood married till the day he died, we were together 19 years and married approx. 14 of them years, I knew him years on the outside before he went in and we got married. Matter fact we married Feb 14th and our first son was born March 30th

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    Quote Originally Posted by Lilndngyrl View Post
    I'm actually going to the gym today...not your kinda gym kendra.. so that will help bide some time till his call at 7pm..So crazy how a little piece of paper can make me so happy..
    hahaha Cassandra, that made me laugh so hard this morning!!! We really did have every intention that afternoon of actually going to the gym, we just never made it lol

    Quote Originally Posted by TexasDust View Post
    Lol!

    I read that and all I could do was laugh...

    She is out for the day until tomorrow
    I did the same exact thing! LOL

    Quote Originally Posted by Lilndngyrl View Post
    LOL..i'm sure she didn't see that yet..she will laugh about it tomorrow though i'm sure. She had said something about going to the gym the other day after work and she told me the next day she didn't make it to the gym..but she did work out..
    Yes I sure did, true story!! I'm thinking the cardio was better too lol
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    So I have a question...did you all live together before he went in? Its my understanding in order to be either common law or file the informal affidavit that you had to have lived together prior.....is this not the case?
    Forever is as far as I'll go....

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    Yes we did..but not in Texas. We was living in Arkansas when he got arrested.

    Quote Originally Posted by missy6758703 View Post
    So I have a question...did you all live together before he went in? Its my understanding in order to be either common law or file the informal affidavit that you had to have lived together prior.....is this not the case?


    Forever and Always <3

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    I did work out too..It was a circuit class..and i'm a little sore..couldn't do the push ups though..got too much going on up top and I don't have to go down too far before they are already touching the ground....and my stupid knee. Had surgery in Oct. So first time i've been back..can't do the girlie pushups cause they are on your knees...hurt so bad..ugh..but did everything else..i even ran..which i reallly don't like..too much bouncing around..don't like that at all...smh

    Quote Originally Posted by khernandez View Post
    hahaha Cassandra, that made me laugh so hard this morning!!! We really did have every intention that afternoon of actually going to the gym, we just never made it lol



    I did the same exact thing! LOL



    Yes I sure did, true story!! I'm thinking the cardio was better too lol


    Forever and Always <3

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    Your understanding is correct, in TX you do have to live together as husband and wife, have agreed to be married and presented yourself to someone (doesn't matter who it is or even if it's just one time that you present yourselves) as husband and wife. Which we did do before he was locked up In January.

    Quote Originally Posted by missy6758703 View Post
    So I have a question...did you all live together before he went in? Its my understanding in order to be either common law or file the informal affidavit that you had to have lived together prior.....is this not the case?

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    Quote Originally Posted by Lilndngyrl View Post
    I did work out too..It was a circuit class..and i'm a little sore..couldn't do the push ups though..got too much going on up top and I don't have to go down too far before they are already touching the ground....and my stupid knee. Had surgery in Oct. So first time i've been back..can't do the girlie pushups cause they are on your knees...hurt so bad..ugh..but did everything else..i even ran..which i reallly don't like..too much bouncing around..don't like that at all...smh
    oh I like the circuit classes - those are great! I hear ya, I have the same problem LOL A really good sports bra helps with that especially when I am jogging. I don't like pushups at all!
    Mrs. Hernandez

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    Your probably right..but there is more then just the girls jiggling around..very annoying!

    Quote Originally Posted by khernandez View Post
    oh I like the circuit classes - those are great! I hear ya, I have the same problem LOL A really good sports bra helps with that especially when I am jogging. I don't like pushups at all!


    Forever and Always <3

 

 
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