Common Law Marriage

Alimony is enforced after specific conditions in the Texas Family Code are satisfied. Courts in Texas ask for one spouse to offer support to the other spouse financially after their divorce. The recipient-spouse must first be qualified for the alimony.  One situation is upon the death of the recipient spouse and another is the remarrying of the recipient spouse. Spousal support can also terminated if the recipient-spouse cohabits with another. What is Cohabitation? When two people intimately involved are living together on a regular basis, they cohabit. This implies that the cohabitation rule is susceptible to many interpretations which can get really complicated. Spousal maintenance can end even if the recipient-spouse does not live full-time in the house of their intimate partner. There is no specification with regard to the frequency of house-sharing that may cause the termination. Gathering Proof Proof must be gathered first by the payer-spouse to terminate the spousal maintenance they are paying to the recipient-spouse.  The caveat in evidence gathering is that it is more costly than the alimony payments they are trying to terminate. The payer-spouse must gather evidence to prove that the recipient-spouse is in a relationship that can be considered as marriage-like. This includes proving the intimacy and shared finances between the recipient-spouse and their new partner. Providing credit card bills, bank statements, and a shared phone plan may also be necessary. The pieces of evidence may be in the form of photos, videos, or testimony of a witness. Gathering evidence like these may require the services of a private investigator and their services are definitely not cheap. This is the reason why the payer-spouse needs to talk to their lawyer. There is no need to go to court if the length of the period of the spousal maintenance is reasonable or no […]

Support When Cohabiting in Texas

Before, the usual story was for a man to marry a woman if they intend to stay together. However, there are instances where the couple is unable to marry, or simply choose not to legalize their relationship. Defining Concubinage Concubinage is when a man and woman live together as husband and wife without being married. Concubinage is based on the word concubine, which refers to the woman in the relationship. In ancient societies, the concubine is a secondary wife. In other words, a man has a wife, but he can also have a concubine. Today, a concubine is referred to as the mistress or third party. What is controversial in concubinage is the reason why the man could not marry the woman even if they are already cohabiting. The connotation is that a woman is a concubine because the man could still be legally married or prohibited from marrying someone else. Concubinage vs. Adultery Concubinage implies an extra-marital affair. It is similar to adultery. However, this is not the case in Texas and most states in the US. Adultery is having sexual relations even though at least one of the participants are legally married.  In this definition, some concubines would technically be in an adulterous relationship. Some concubines are the result of adultery, or in some cases, they were the reason for the eventual crumbling of the marriage. Is it Legal? Both adultery and concubinage are not crimes in the United States. There are some legal penalties for adultery, and it can also be the basis for seemingly punitive conditions for the ex-husband in a divorce. Being a concubine has no penalty as well, but it deprives the woman of the protections and benefits of being an actual wife. For instance, she will not have any rights on the shared […]

Is Concubinage Legal In Texas?

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