QUESTION

In Texas, do you have to actually sign a declaration of marriage to be married?

Asked on Jul 21st, 2012 on Divorce - Texas
More details to this question:
I want to know if I'm reading the Texas constitution of informal marriage right. Can I prove anything in Sec. 2.401 (a) (2) by means of filing income tax married and joint four straight years with her using my last name on bills. She also advertised on the internet that she is married to me and so on. Would that be enough to consider us legally married even if we didn't sign a declaration of marriage with the county court? I am wondering this to see if she has committed bigamy.
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3 ANSWERS

Probate Attorney serving Arlington, TX at Law Office of Eric J. Smith
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Texas Family code (which is the binding law but no the Texas Constitution) 2.401 provides the elements of proof of an informal marriage. If you agreed to be married, lived together as husband and wife in Texas, and represented to others that you were married, then you are married. If this woman has remarried without divorcing you, her second marriage is invalid. There's a burden of proof here, though - you have to prove each element - the initial agreement to marry and the representing to others that you are married ("holding out") has to be open and public - saying you are married sometimes and other times not might not cut it. And lastly, why would you care.
Answered on Aug 15th, 2012 at 4:13 PM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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You don't have to sign a declaration of marriage to be married by common law in Texas. However, if she was already married to someone else, just cohabiting with you and holding herself out as married to you doesn't make her a bigamist. Likewise, cohabiting with the next guy doesn't make her a bigamist even if she's married to you by common law. You can't get married by common law if you're already married. Even if she married someone else formally after she split with you, you're very, very unlikely to get a prosecutor to charge her with bigamy. Your right to claim common law marriage will end two years after the split if you haven't filed for divorce by then.
Answered on Aug 15th, 2012 at 4:13 PM

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Workers Compensation Attorney serving Bedford, TX at Durkin & Graham, P.C.
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Common law or informal marriage has 4 key elements but there is also a statute of limitations after the break up on how long you have to seek divorce. Regardless of whether you satisfy these 4 elements and the statute of limitations you would be unlikely to convince the local DA to prosecute her.
Answered on Aug 15th, 2012 at 3:32 PM

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