COMMON LAW MARRIAGE

1) Does Texas have Common-Law Marriage?

Answer:

Yes. In Texas the correct term for common-law marriage is

"Informal Marriage" and has been recognized since the 1870's.

2) Is it possible to be married and not know it?

Answer:

That is a tough question. One of the elements to an informal marriage is

that the parties agree between themselves that they are married. So,

unless the parties agree to be married, they cannot be.

3) So what does it take to be common-law married?

Answer:

All marriage in Texas must be between a man and a woman. Aside from

that, both parties must possess the legal ability to be married. For

Example, they may not already be married, are over the age of 18 or not

otherwise emancipated, are of sound mind, and others. Once the couple

have capacity to marry, they must 1. Agree between themselves that they

ARE married (not planning to get married, not promising someday,

but today, now, we are married). 2. After the couple agree that

they are married two things must occur at the same time. First, the

couple must cohabitate--live together as husband and wife IN TEXAS

and, secondly, hold themselves out to third parties IN TEXAS as husband

and wife. There is no time frame. As soon as all three requirements are

met, you are married.

4) If I think I'm common-law married, can I get a common -law divorce?

Answer:

No. If you are married in the state of Texas the only way to get a divorce is

to get a judicial (court ordered) divorce. However, if you were common-

law married and have lived apart or refuted your marriage for two years

after the common-law marriage, the State may deem that you were never

married.

5) What if I meet all the requirements of a common-law marriage but never got a judicial divorce from my previous spouse.

Answer:

You cannot be married to more than one person at a time. The

common-law marriage will not be valid until the previous marriage is

dissolved by judicial divorce, death of the spouse, or annulment.