Informal marriages are becoming increasingly common in Texas. While some people may not be aware of what an informal marriage entails, it is essential to have a comprehensive guide to understand everything you need to know.
What is an Informal Marriage in Texas?
An informal marriage, also known as a common-law marriage, is a marriage between two people who live together and present themselves as a married couple. In Texas, an informal marriage is recognized as legally binding if both parties meet the following requirements:
– Must be 18 years or older
– Both individuals must have the capacity to enter into a legal and binding contract
– Both parties must agree to be married
– The couple must live together in Texas as a married couple, implying that they are together and present themselves as a married couple
– The couple must have agreed to be married “informally” or “common-law.”
It’s important to note that neither party can be married or in a civil union with another person, and they cannot be related to each other.
How to Establish an Informal Marriage in Texas
Establishing an informal marriage in Texas is relatively easy. According to the Texas Family Code, a couple can establish an informal marriage by filing a declaration of an informal marriage with the county clerk’s office. This declaration must be signed by both parties, and it must state that both parties agree to be married to each other at the time of signing.
If the couple does not file a declaration of informal marriage, they can still be legally considered married if they meet the requirements for an informal marriage under the Texas Family Code.
Rights and Responsibilities of Informal Marriage
An informal marriage in Texas has the same legal rights and responsibilities as a traditional marriage. The couple has legal rights to property, inheritance, spousal support, and custody of children.
When it comes to filing taxes, joint filing as a married couple is allowed. However, if the couple decides to split, they would have to go through a divorce process, just as in a traditional marriage.
Ending an Informal Marriage
To end an informal marriage in Texas, the couple must file for divorce in court. The process is the same as in a traditional marriage, and the couple must go through property division, child custody, and child support proceedings if there are any children involved.
Conclusion
In Texas, informal marriage is recognized as legally binding if both parties meet specific requirements. Understanding the legalities of informal marriage is crucial for those in informal marriages and those contemplating one. This comprehensive guide provides relevant information about informal marriage, including how to establish one, rights and responsibilities, and how to end one.
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