Exploring the Legalities of Informal Marriage in Texas: Everything You Need to Know
Marriage is a legally binding contract that requires formalities to be legally recognized. However, in Texas, informal marriages are recognized by law, which can sometimes lead to confusion and complications. If you are considering an informal marriage in Texas, it’s important to understand the legalities and requirements to avoid any potential issues down the road. In this article, we will explore everything you need to know about informal marriage in Texas.
What is an Informal Marriage?
An informal marriage, also known as a common-law marriage, is a marriage that occurs without a formal ceremony or marriage license. To be considered legally married in Texas, couples must meet three requirements:
1. Both parties agree to be married.
2. They live together as spouses in Texas.
3. They hold themselves out as a married couple to others.
It’s important to note that both parties must meet all three requirements for the marriage to be considered valid.
How to Prove an Informal Marriage
Proving an informal marriage can be important in certain situations, such as when applying for benefits or dividing property in a divorce. To prove an informal marriage in Texas, you must provide evidence that meets the following criteria:
1. Cohabitation – Evidence that the couple lived together in Texas.
2. Intent to Marry – Evidence that both parties intended to be married.
3. Holding Out – Evidence that both parties held themselves out as married to others.
Examples of evidence that may be used to prove an informal marriage include joint bank accounts, joint tax returns, and affidavits from witnesses who knew the couple and viewed them as married.
When an Informal Marriage Is Not Valid
Not all informal marriages are considered valid in Texas. Common law marriages are not recognized in Texas if:
1. Either party was under 18 at the time of the marriage.
2. Either party was already married or in an informal marriage with someone else.
3. The parties are related by blood.
4. Either party lacked the mental capacity to enter into a marriage.
5. The marriage was not agreed upon and entered into in good faith.
Divorce and Informal Marriage
If you decide to dissolve your informal marriage, you will need to file for divorce in Texas, just as you would with a formal marriage. Dividing property can be more complicated with an informal marriage, as there may not be a clear record of ownership. However, with the help of an experienced divorce attorney, you can work towards a fair resolution.
Conclusion
Informal marriage is a unique aspect of Texas law that can be both advantageous and challenging. Understanding the legalities and requirements of informal marriage can help you avoid complications and protect your rights. If you are considering an informal marriage, it’s important to speak with a knowledgeable attorney to ensure that you are taking the necessary steps to establish a valid marriage. Remember, a marriage is a legally binding contract, so it’s important to treat it as such.
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