Understanding Informal Marriage in Texas: What You Need to Know
Are you planning to get married in Texas but unsure of what type of marriage to go for? Texas recognizes two kinds of marriage: formal and informal. Formal marriage requires a license, solemnization, and registration, while informal marriage, also known as common law marriage, only requires an agreement between the parties to live together as husband and wife. In this article, we’ll delve deeper into the details of informal marriage and everything you need to know about it.
What is Informal Marriage in Texas?
As mentioned above, informal marriage, also known as common law marriage, only requires an agreement between the parties to live together as husband and wife. No license or solemnization is required. This type of marriage originated from the historical circumstances where some couples couldn’t or didn’t want to fulfill the formal requirements for marriage. Over time, informal marriage became a legally binding option in Texas.
How Does Informal Marriage Work?
To establish an informal marriage in Texas, the following elements must be met:
- Both parties must be 18 years or older, or have permission from their parents.
- Both parties must agree to be married.
- Both parties must have lived together in Texas as husband and wife.
- Both parties must present themselves to others as married.
It’s essential to note that neither party can be married to someone else or related by blood to qualify for informal marriage. Also, no specific time limit exists for common-law couples to consider themselves married. Instead, it’s based on the facts and circumstances of each case.
The Rights and Obligations of Informal Marriage
Once a couple agrees to be married informally, they have the same legal rights and obligations as formal married couples. These rights and obligations include:
- Property rights
- Community property division
- Inheritance and probate rights
- Spousal support
- Child custody and support
- Insurance coverage
If the couple separates, they must also dissolve their marriage either by divorce or by filing a Suit to Declare Informal Marriage. It’s important to note that the burden of proof falls on the party claiming the existence of an informal marriage.
Examples of Informal Marriage in Texas
In Texas, the formalities for marriage are often waived in unique cases such as military deployments or elderly couples. For instance, a Texas couple living together who initially didn’t desire a formal marriage but later had children or purchased property together could end up in an informal marriage.
Conclusion
If you’re planning to get married in Texas, it’s essential to understand the legal requirements and implications of informal marriage. Although it’s a valid option, it’s crucial to take the necessary steps to avoid any legal issues in the future. Ensure that both parties meet the eligibility requirements, agree to be married, and present themselves to others as married. Remember, an informal marriage is legally binding and comes with the same rights and obligations as a formal marriage.
