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Common law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in Texas. Texas law states that a common law marriage may be proved by evidence that the couple:. Note: The language above is quoting directly from the Texas statutes. The Texas Legislature has not yet amended the statutory language since the Supreme Court's decision in Obergefell v. Hodges [PDF], but despite that, same-sex common law marriages are now recognized in Texas. See the resources below to learn more about common law marriage in Texas.

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Texas is one of the few states that recognize common law marriage. Under Texas law, Common law marriage, also known as informal marriage or marriage without formalities, is a legal way for couples in Texas to get married.

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As more Texas couples cohabitate before marriage, the of couples choosing to live under one roof without getting married altogether has also risen. In this guide, we go over some frequently asked questions about common law marriage in Texas.

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Be sure to review your specific situation with an experienced Austin divorce attorney with experience in common law marriages. According to Chapter 2.

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Question 2: Are there any other common law marriage requirements? Aside from the aforementioned requirements, both husband and wife must have the legal capacity to enter into a common law marriage.

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This means that you and your spouse must be:. The court uses factual evidence to determine the validity of a common law marriage in Texas.

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This means that cases are reviewed on a case-by-case basis to ensure all angles are covered. Texas law states that there must be sufficient evidence to show that a couple, in agreeing to be husband and wife, intended to have a present, immediate, and permanent marital relationship.

This means that simply agreeing to get married at some point in the future is not an agreement to be married. For a couple to be considered in a common law marriage, they need to do more than have sexual relations under one roof.

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The Texas Family Code states that for a common law couple is cohabitating, they need to be living together as husband and wife, all while maintaining the household as any regular married would do. The court does not rely on any specific of years as proof of cohabitating. Another example includes ing a legally binding document, such as a mortgage or personal credit application, and indicating themselves as a married couple.

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Because a common law marriage has the same legal status of a formal marriage, common law couples who wish to dissolve their union must seek a formal divorce. There is one difference, however. The couple must prove to the court that they were in a common law marriage.

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The person who initiates the divorce proceedings typically has to prove the existence of the marriage. If you have further questions about common law marriage, or want to know whether you were actually in a common law marriage with your spouse, sit down for a discussion with family law attorney Daniella Lyttle of the Lyttle Law Firm.

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Call our offices today ator use our contact form to schedule a consultation. Please do not include any confidential or sensitive information in a contact form, text message, or voic. The contact form sends information by non-encryptedwhich is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voic does not create an attorney-client relationship. Now: Call Now for a Consultation Family Law. Common Law Marriage.

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This means that you and your spouse must be: At least 18 years of age even if their parents gave them permission ; Not related to each other; Not married to anyone else; Question 3 : How does the court prove the existence of a common law marriage? Question 6: How does a couple represent themselves as married to others? Question 7: How does a Texas court end a common law marriage?

Common law marriage in texas

Question 8: What are the grounds for divorce in a common law marriage? Now What? Paternity Testing Divorce Mediation. Submit a Law Firm Client Review.

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