PHAM & CLOVES, PLLC

Common law marriage (otherwise known as informal marriage)

Texas recognizes marriages that occur informally as legitimate marriages. These marriages are commonly referred to as “common law” marriages. Not all states recognize common law marriages. Recognition of informal marriages in the US dates back to 1877 from a Supreme Court case, Miester v. Moore.

While informal marriages can exist absent a formal ceremony presided over by a qualified official, there are certain criteria necessary for a relationship to qualify as a marriage. The Texas Family Code, section 2.401 sets forth the facts needed to prove a common law marriage. In short, the marriage must be between a man and a woman, each over the age of 18 (however, a minor can be married in a “formal” ceremony), the man and woman must have agreed to be married and have lived together after the agreement and have represented to others that they were married. Another way to prove the existence of a common law marriage is through a declaration. Texas family Code section 2.402 sets forth the requirements of a valid declaration of informal marriage. In essence, the declaration must be in writing on a form prescribed by the bureau of vital statistics and provided by the county clerk. The declaration must then be recorded by the county clerk.

If you believe you have a common law marriage and want to divorce, it is important to seek legal advice from an experienced Veritas Legal Group Common Law Divorce Lawyer before filing a divorce action. There are specific facts that need to be shown to prove the existence of a common law marriage. While it is relatively easy to marry, getting a divorce from either a formal or informal marriage is much more difficult. To schedule a confidential consultation, please fill out our online contact form or call Veritas Legal Group, PC at 713-492-0337.