Marriage is a union between two people in love.  A lot of people in Texas, have been in love a very long time and have been living together for years, and might as well be married.  For most, a wedding is a luxury and very expensive, and when you opt not to have a wedding you still have to take time off work to go to the courthouse.  What if there were an easier way to get hitched?

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What is Common Law Marriage or Informal Marriage?

a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony

When you think of Common Law Marriage, you think, "Oh y'all have been together and lived together so you're Common Law. "

That's not exactly how it works.  There are some things you do have to do and have to follow.

Here is what you have to do to be Common Law married:

  • You cannot already be married to anyone else at the time your marriage was created.
  • Each person in the marriage must be over 18 years of age when you created the marriage.
  • You both agree to be married
  • You have represented yourself in public as married
  • Live as a married couple

For your marriage to be legally recognized you'll need a Declaration of Informal Marriage.

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A Myth About Common Law Marriage

Most people think that you have to be together for a certain amount of time to be common law married, but that's not the case.  According to TexasBar.com you have to follow these guidelines

  • Agree that they are married;
  • Live together as husband and wife; and
  • “Hold out” to others that they are married (see Texas Family Code § 2.401(a)(2)).

You and Your Partner Already Consider Yourselves Married

If you are not interested in a traditional wedding, getting a marriage license, or even visiting the Justice of the Peace, common-law marriage is an option. It's an easy way to be legally married.

What about Divorce?

In Texas, a divorce for Common Law Marriage is the same as a Formal Marriage.

You saved money on the wedding, but you won't save money on a divorce.  So I hope your Common Law is happily ever after.

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