Though many other states do not recognize common law or informal marriage, the state of Texas does. Contrary to popular belief, there is no requirement to be a couple a certain number of years for common law marriage. In Texas, to satisfy requirements for a common law marriage between a man and a woman, a couple must only do three things:
1. Agree to be married.
2. Represent to others you are married.
3. Live together in Texas as husband and wife.
As an attorney, I DO NOT recommend common law marriage. Why? Because if you choose to go separate ways, you must first prove that you were actually married before being entitled to a divorce or other marital rights. Under the Texas Family Code, you only have up to two years after splitting to file an action to prove that your marriage existed. If you do not file this action in time, it is presumed that you were never married. This may cause you to forfeit legal rights such as marital property rights.
If a couple chooses to proceed with common law marriage, I strongly suggest filing a Declaration and Registration of Informal Marriage first. You can get this form from the County Clerk. By completing this form, your marriage is recognized as legal from the start without having to prove it existed.
Otherwise, to prove that you were common law married, you must present evidence to the court that you held yourselves out to the world as husband and wife. This may include testimony from you or others that your partner introduced you in social situations as his wife, or that you introduced him as your husband. To prove the marriage, you can also ask the court to consider joint charge accounts, joint property, and documents such as leases signed as husband and wife, tax returns filed jointly as a married couple, and insurance policies listing one person as the other person's spouse.
Once an informal marriage is proved by: 1) signing a Declaration and Registration of Informal Marriage or 2) by court ruling, the informal marriage has the same validity as a ceremonial marriage. Like couples in a ceremonial marriage, an informal marriage can only be dissolved by death, divorce, or annulment.
My legal advice is to pay the nominal fee for a marriage license and avoid the hassle of having to prove common law marriage altogether.
© 2009 Rachell Miller, JD
skip to main |
skip to sidebar
The Family Law Room provides information and answers to commonly asked Texas Family Law questions. Houston-based attorney, Rachell Miller, arms readers with knowledge to navigate family law challenges they may face.
