My wife has filed for custody of our two children and has filed as unmarried. At the time of the filing we had been separated with no legal work done. We happen to be married and I have a valid marriage certificate. I want to file a motion (?) that states we are indeed married and have been separated for more than a year. (Separated June, 2007…her Chapter 50 filed 3/3/10) I understand I need to file a Pleading for Divorce but I need the ED done at the filing of the Separation petition/motion do I not. I am acting pro se here and I have filed motions, calendar request and show cause orders…how do I file a motion stating that we have been separated for a year and I would like that ejudicated so that I can proceed to ED and a divorce settlement.

By the way, the marriage certificate is from Costa Rica, has been translated, is the real thing. She filed as unmarried because she continued, against my advice, to receive Social Security benefits from a previous deceased husband. I never saw any of that money and it was a bone of contention during the whole marriage.

File a reply to her custody complaint and deny the allegation that you are unmarried. You can file for divorce and ED in a separate action.