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What is the difference in common law marriage and marriage in the state of Texas?
My son & his girlfriend went online to see what was required to get married in the state of Texas. There were two different types of marriages listed, common law marriage and marriage. I do understand that in the state of Texas that same sex marriage is not recognized and this is a way to register the marriage for legal purposes. But for a heterosexual couple I didn't understand where the difference came in, or why you needed to register a common law marriage and pay a fee. I always thought that a common law marriage meant that a couple had chosen to live together if they introduced each other as their spouse or filed a tax return together stating they were married that was all that you had to do and that you still had to go through a divorce to dissolve the marriage. Is this no longer the law? This is in the state if Texas where common law marriage is legal also.
2 Answers
- wizjpLv 71 decade agoFavorite Answer
Texas: calls it an "informal marriage," rather than a common-law marriage. Under § 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a three-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. A 1995 update adds an evidentiary presumption that there was no marriage if no suit for proof of marriage is filed within two years of the date the parties separated and ceased living together.
Source(s): http://www.ncsl.org/default.aspx?tabid=4265 - ?Lv 45 years ago
No, it does not must be federally known, however the feds frequently are conscious of it until somebody stressful situations it. merely pass record a marriage certificates. that's that uncomplicated. expenses approximately $25 for the license to marry, and you need to tip the Justice of the Peace who performs the judicial ceremony.
