A common law marriage is recognized by the government in a small number of states, Texas being one of them. Common law marriage in Texas is actually defined as an informal marriage, as opposed to a legal common law marriage, as dictated by Texas law. There are a large number of Houston divorce lawyers who are experienced in these type of common law marriages and can answer any questions you may have. It should be noted that the information you are about to read should not be misconstrued as legal advice, as I’m just giving you some information. A family law lawyer will fully understand the ins and outs of this unique Texas law and will be able to guide you in the right direction.

As defined by section 2.401 of the Texas Family Code, an informal marriage can be created by either registering with your respective county without a ceremony, or there are 3 requirements you can meet which are to show evidence that there is an agreement to married, you must be living together in Texas and show representation to others that the parties in question are wedded.

So, to prove your common law marriage in Texas is real, aka an informal marriage, you must have a declaration signed by the bureau of vital statistics in order to register your informal marriage. Both members of the party wishing to have a common law marriage will have to provide proof of their age and identity, as well as be able to prove that they are not related to each other in any way. Lastly, the party in question will also have to agree to the printed declaration and oath that is found in section 2.402 of the Texas Family Code. It states:

“I SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS HUSBAND AND WIFE AND IN THIS STATE WE REPRESENTED TO OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT.”

A couple may have a common law marriage in Texas even if they don’t register with a county by meeting three requirements, as mentioned earlier. Informal nuptials are recognized under Texas law in the same way as if the couple were to be formally wedded and have a marriage license Texas.

Now that you know the basic of a common law marriage in Texas, go ahead and celebrate! However, if for any reason you feel the need to separate from your partner, it is also possible to file for a common law divorce in Texas. For this, Houston divorce lawyers may be what you are looking for.