Gavin Howe
In Texas, common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry. While it is not a requirement, couples can register their common-law marriage by filing a declaration with the county clerk. This is done by signing a Declaration of Informal Marriage, which is valid proof of marriage and makes the couple considered married for all legal purposes. To be eligible, both parties must be 18 or older and cannot already be married, informally or formally, to anyone else.
| Characteristics | Values |
|---|---|
| Common law marriage in Texas | Also known as marriage without formalities or informal marriage, common-law marriage is a valid and legal way for a couple to marry in Texas. |
| Registration | Couples can register their common-law marriage by filing a declaration with the county clerk. |
| Requirements | Both parties must be 18 or over and not already married, informally or formally, to anyone else at the time the marriage is created. |
| Proof | Documents such as lease agreements, tax returns, and insurance policies may be requested to prove a common-law marriage. |
| Dispute | If there is a dispute as to whether a common-law marriage existed, it may be necessary to go to court to prove the marriage. |
| Time limit | Texas law places a two-year statute of limitations on court proceedings to prove a common-law marriage. |
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What You'll Learn
Registering a common-law marriage with the county clerk
In Texas, a common-law marriage, also known as a marriage without formalities or informal marriage, is a valid and legal way for a couple to marry. While it is not a requirement, couples can register their common-law marriage by filing a declaration with the county clerk. This is done by signing a Declaration of Informal Marriage, which is valid proof of marriage and means the couple is considered married for all legal purposes.
If you wish to register your common-law marriage with the county clerk, you and your partner must not be married to anyone else, either informally or formally, and you must both be at least 18 years old. If one partner is unable to apply in person and is 18 years of age or older, any adult or the other partner may apply on their behalf. In this case, the person applying must present the county clerk with the notarized affidavit of the absent applicant and proof of the identity and age of the absent applicant.
If you choose not to register your common-law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage. If there is a dispute about the existence of a common-law marriage, it may be necessary to go to court to prove the marriage. Texas law places a two-year statute of limitations on these types of proceedings.
If a common-law couple decides to separate, they must file for divorce. If court proceedings are not filed within two years of the separation, Texas law presumes the common-law marriage never existed unless it is proven otherwise.
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Proving a common-law marriage in court
In Texas, common-law marriage, also known as marriage without formalities or an informal marriage, is a valid and legal way for a couple to marry. To prove a common-law marriage in court, the following requirements must be met:
- Both parties must agree that they are married.
- Both parties must live together as husband and wife.
- Both parties must "'hold out' to others that they are married." This means that they must represent to others that they are married. Actions and conduct by each person are also examined.
- Both parties must be at least 18, unrelated, and not currently married to someone else.
Documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage. If there is no declaration filed and there is a dispute as to whether a common-law marriage existed, it may be necessary to go to court to prove the marriage. Texas law places a two-year statute of limitations on these types of proceedings.
It is important to note that proving a common-law marriage does not depend on how long the couple has been living together or whether they have children together. Once proven, a common-law marriage has the same legal status as a formal marriage.
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Legal requirements for a common-law marriage
A common-law marriage, also known as an informal marriage, is a legal marriage without a ceremony or other formalities. In Texas, a common-law marriage is a valid and legal way for a couple to marry. Here are the legal requirements for a common-law marriage in Bexar County, Texas:
Age Requirements
Both parties in the marriage must be at least 18 years of age. If applicants are under 18, they must present a certified copy of their court order "Removal of Disabilities of Minority" granted by the state of Texas or another state.
Previous Marriages
Both parties must not be already married, informally or formally, to anyone else at the time of the marriage. Neither party may have been divorced within the last 30 days unless certain exceptions are met.
Registration
While it is not mandatory, couples are advised to register their common-law marriage by filing a declaration with the county clerk. This serves as valid proof of marriage, and the couple is considered married for all legal purposes. To apply for a marriage license, both applicants must present themselves in person at the County Clerk Marriage office. If one party is unavailable, the other party or an adult representative may bring a completed and notarized Affidavit of Absent Applicant for Marriage License.
Proof of Marriage
For couples that choose not to register their common-law marriage, certain documents may be requested to prove the marriage if a dispute arises. These documents include lease agreements, tax returns, and insurance policies. Texas law places a two-year statute of limitations on court proceedings to prove a common-law marriage. After a separation, if court proceedings are not filed within two years, Texas law presumes the common-law marriage never existed unless proven otherwise.
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Divorce procedures for common-law marriages
Common-law marriages, also known as informal marriages, are recognised in Texas. While it is not a requirement, couples can register their common-law marriage by filing a declaration with the county clerk. For couples that choose not to declare their common-law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage.
If a common-law couple in Bexar County, Texas, decides to separate, they must file for divorce. This process is similar to that of a formal marriage. Court proceedings to prove the existence of a common-law marriage must be filed within two years of the separation. If not, Texas law presumes the marriage never existed unless proven otherwise.
Divorce records in Bexar County are maintained by the Bexar County District Clerk's Office. To obtain divorce records, you can visit their website, contact them directly, or use their online search tool if they offer one. If online access is unavailable, you may need to fill out a request form, which can often be found on the district clerk's website or obtained by visiting their office in person. Details such as the full names of the individuals and the date of divorce are typically required when requesting divorce records. There may be fees associated with obtaining copies of divorce records, so it is important to inquire about the fee structure.
It is important to note that the Bexar County District Clerk's Office employees may not give legal advice. For specific legal guidance on divorce procedures, it is recommended to consult with an attorney or seek assistance from a legal aid organisation.
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Same-sex common-law marriages
- Both members of the couple must be at least 18 years old.
- The couple must not be related to each other by consanguinity.
- Both parties must be legally single.
- Both parties must agree to be married.
- After agreeing, the couple must cohabit together in Texas.
- The couple must represent themselves to others in Texas as married.
Same-sex couples in Texas can register their common-law marriage by filing a Declaration of Informal Marriage with the county clerk. This can be done by filling out form H1057 from the Department of Health and Human Services website. Both parties must sign the form at the clerk's office under oath. While registration is not a requirement, it may be a good idea for couples to register their common-law marriage to avoid potential disputes in the future. If a couple chooses not to register their common-law marriage, they may need to provide other documents, such as lease agreements, tax returns, and insurance policies, to prove their marriage.
It is important to note that ending a common-law marriage in Texas is similar to ending a formal marriage. If a common-law couple decides to separate, they must file for divorce. If court proceedings are not initiated within two years of the separation, Texas law presumes the common-law marriage never existed unless proven otherwise. Therefore, it is advisable to consult with an LGBTQ+ family law lawyer to understand the specific requirements and protections for same-sex common-law marriages in Bexar County, Texas.
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Frequently asked questions
A common-law marriage, also known as a marriage without formalities or an informal marriage, is a legal marriage without a ceremony or other formalities. It is a valid and legal way for a couple to marry in Texas.
To prove a common-law marriage in Bexar County, Texas, you must show that the following requirements have been met: both partners were not already married, informally or formally, to anyone else at the time; both partners were at least 18 years old; and both partners agreed to be married and can provide proof, such as a signed Declaration of Informal Marriage with the county clerk.
To register a common-law marriage in Bexar County, Texas, couples can file a declaration with the county clerk, known as a Declaration of Informal Marriage. This is not a requirement, but it is recommended as it provides valid proof of marriage.
If you do not register your common-law marriage, you may need to provide other documents, such as lease agreements, tax returns, and insurance policies, to prove your marriage. If there is a dispute about the existence of the marriage, you may have to go to court to prove it.
Ending a common-law marriage in Texas is similar to ending a formal marriage. If a common-law couple decides to separate, they must file for divorce. If court proceedings are not filed within two years of the separation, Texas law presumes the common-law marriage never existed unless proven otherwise.
