QUESTION

Is there a certain amount of time to be considered common law married and can a declaration be made if he is in jail?

Asked on Jun 30th, 2017 on Immigration - Texas
More details to this question:
I recently got my divorce, finally but have been living with my fiancé over a year. He was arrested few months back by mistake but unfortunately is in the system and still working on his case. No marriages are allowed while he is in county. We had planned on getting married and trying to figure out how to do this. If the charges are dismissed, he may still go to immigration although he has permission to be here.
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1 ANSWER

Criminal Attorney serving Houston, TX at The Montes Law Firm
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Yes, you can file a form for the recognition and declaration of an informal marriage. He has to sign it. A formal marriage is not necessary. You agreed to be married, you cohabitated, and you held yourself out as husband and wife. You can download the form or pick it up at your local justice of the peace.
Answered on Sep 18th, 2017 at 11:32 PM

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