Common Law Marriage

common law marriage
The state of Texas has laws that seek to protect the welfare of children. However, the parents of the children need to be responsible for their affairs in order to keep everything in order. For parents who did not get married, then there are provisions in the law that they need to observe. Common-Law Marriage Texas recognizes common-law marriages. These are marriages without formalities like the marriage license or a ceremony. The State has certain requirements before recognizing a couple as married. Firstly, they should agree that they are married. Second, they should live together as husband and wife. Finally, they should declare themselves to the general public as a married couple. This means they should introduce themselves as married to each other and also engage in legal affairs like a married couple, like jointly applying for credit.  They are considered married once the requirements are established. It is understood that only adults above the age of eighteen can marry under these terms. Children in a Common Law Marriage It should be clarified that these are the conditions for a common-law marriage. Having children is not necessarily a prerequisite, nor can it be a substitute. Just because a couple has a child together, that does not make them a married couple. They still need to fulfill those conditions.  The children in a common-law marriage will have the same status as those of a married couple. Thus, they are legitimate children with complete rights to inheritance and under the same legal protections as children of regular marriages. The same is true when a common-law couple divorces. There will be a distribution of property, with recognition of community or conjugal property. There will be entitlements to child support and a right to petition for alimony.  State Recognition It should also be noted […]

Status of Children of a Common Law Marriage in Texas

In 2015, the US Supreme Court declared same-sex marriages as legal in every US State. So, yes, you can get married with someone of the same sex. You can start a family and you are also entitled to divorce should it not work out. How to get married in Texas? First, you have to secure a marriage license from the county clerk’s office. You will be asked to complete a sworn application showing that you and your partner have the legal capacity to marry. If one or both of you are under 18 years of age, parental consent or court order is required. Each of the contracting party must not have any legal impediment that will disqualify him or her to get married such as the existence of a subsisting marriage, if the parties who wish to marry are relatives within the fourth degree (first cousins or closer), and other disqualifications enumerated by law. Ask a lawyer to find out if you have any of these disqualifications so as not to waste time and effort. Usually, you have to wait for 3 days to get the said license which is valid within 31 days from the date of issue. If you do not get married within this period of time, you will have to apply for a marriage license again. You cannot get married if the marriage license has already expired. Marriages need to be solemnized and a member of the judiciary or any authorized religious minister can officiate weddings. You will have to present the marriage license issued to you by the county clerk before a wedding can take place. If you decide to get married outside of Texas, the state of Texas will still recognize your marriage. Can same-sex couples enter into a Common-Law Marriage? Definitely! Texas is […]

Same-sex Marriage in Texas