The term “informal marriage” refers to a legal relationship that is also referred to as common-law marriage in states other than Texas. In legal terms, marriage refers to a specific legal status that is granted to a couple by their state’s government. This legal status entitles them to various benefits and protections, as well as responsibilities, at both the state and federal levels.
An informal marriage is usually entered into as an alternative to a traditional marriage. Couples who are married “informally” in Texas have lived together and presented themselves as being married to each other. However, the couple has never gone through a formal ceremony, and they have never obtained a marriage license.
Informal marriages may be an option for couples who intend to marry each other at some later point or when they do not have the legal capacity to be legally married in the traditional manner under Texas marriage laws. An example of this would be if the couple begins living together while one of them is going through a divorce with the intent to get married as soon as the divorce of one of them becomes final.
They cannot marry each other until the divorce has been finalized. However, the state in which they live may recognize their arrangement as a common-law or informal marriage.
A valid informal marriage is considered to be just as valid and legally binding as a traditional marriage. What this means is that if the couple wishes to separate or otherwise sever their union, they would need to go through formal court proceedings to do so. They would need to go through a legal separation or a dissolution of their marriage.
Additionally, because same-sex marriage is legal in the United States, informal marriage in Texas is allowed on the same terms for same-sex couples.
Which States Allow For Informal or Common-Law Marriage?
Above all else, the state in which the couple lives must recognize and allow informal or common-law marriage. Additionally, each state maintains its own eligibility criteria. As of November 2020, the following states recognize and allow common-law marriages. Again, in Texas, it is referred to as “informal marriage”:
- Colorado;
- Iowa;
- Kansas;
- Montana;
- New Hampshire;
- South Carolina;
- Texas; and
- Utah.
It is important to note that statutes in all states may not expressly allow for informal or common marriages. An example of this would be Oklahoma, in which a state statute requires couples to obtain a marriage license in order to be married. However, case law in Oklahoma has upheld common-law marriages in the state.
Some states that previously allowed common-law marriage but then abolished it include the following:
- Pennsylvania;
- Ohio;
- Indiana;
- Georgia;
- Florida; and
- Alabama.
These are states that did allow informal or common-law marriage and will recognize these marriages as valid if they were entered into prior to the date of abolition.
How Do I Establish an Informal Marriage in Texas?
Generally speaking, the following are required to establish an informal marriage:
- Each person involved in the relationship must have the legal right to marry;
- Each person is aged eighteen or older, but in a minor marriage, minors who are legally emancipated may marry in Texas;
- The couple must intend to marry each other at some point in their relationship;
- The couple must present themselves as being married to friends, family and others;
- Each person involved in the relationship must be of sound mind; and
- Neither party has coerced the other into the marriage arrangement.
Specifically in Texas, in order for an informal marriage to be legally valid, the following eligibility requirements must be met:
- Both parties must be at least eighteen years of age;
- Neither party may be currently married to anyone else;
- Neither party must have been divorced within the past thirty days;
- The parties cannot be closely related to each other;
- The parties must agree to be married to each other;
- The couple must live in the state of Texas after entering into the agreement; and
- The couple must represent themselves to others as being married to each other.
In Texas, an informal marriage will not exist unless all requirements have been satisfied, although it is not necessary for all of the last three requirements to be met simultaneously.
How Do I Establish an Informal Marriage in Texas?
As noted above, the spouses must be eligible to marry each other and must hold themselves out to others as married.
Some examples of how a common-law married couple may present themselves as being married can include, but may not be limited to:
- Sharing a last name;
- Referring to each other as a spouse when in public;
- Having a joint bank account and/or credit cards;
- Filing joint tax returns;
- Wearing wedding rings.
A spouse in an informal marriage may begin a proceeding to prove the marriage as provided in Texas law. However, they must do this within 2 years after the date on which the spouse separates or stops living together with the other spouse.
The spouse who wants to prove the marriage might not begin the proceeding within 2 years of their separation. In this case, a presumption arises that the parties did not have an agreement to be married. This presumption could be rebutted with sufficient evidence showing that the couple had intended to be married.
So, in other words, if spouses who are married informally split up and one spouse wants to prove the marriage, perhaps to establish that some property they acquired while married is community property, they should do this within 2 years of the separation.
If they wait longer than 2 years, a legal presumption arises to the effect that the spouses had never intended to be married, as required to establish an informal marriage. This presumption can be overcome, but it may be challenging to do it.
What Is a Declaration and Registration of Informal Marriage?
A couple may choose one of 2 ways to validate an informal marriage in Texas. First, they may file a Declaration of Informal Marriage. This would need to be done in the courthouse in the county in which the couple lives.
For example, if a couple lives in Austin, they would need to file a Declaration of Informal Marriage in a Travis County courthouse. Additionally, the Declaration would have to include an oath by the couple, attesting that they have met the legal requirements needed to be joined in an informal marriage.
There may be specific circumstances in which an informally married couple in Texas will need to provide an affidavit of marriage in order to prove that they are actually informally married to each other. This affidavit is a legally binding document that provides proof of a legal relationship, such as an informal marriage, between two people.
It must be signed by the parties who are claiming to be spouses, as well as witnesses to the informal marriage. The affidavit may also need to be notarized, depending on state law.
How Much Does a Declaration of Informal Marriage Cost?
It reportedly costs between $30 and $82 to file a declaration and registration of informal marriage.
How Do I End an Informal Marriage?
Because an informal marriage has the same legal status as traditional marriage, spouses married informally must get divorced to end their union. The divorce process is the same as that of a traditional marriage. However, informally married couples must first prove to the court that they met the requirements for an informal marriage.
One similarity between informal and formal marriage is that Texas community property law applies to the division of property in both types of marriage. So, all of the spouses’ assets acquired during marriage are subject to a fair and equitable division.
The process for getting a divorce for an informal marriage in Texas is exactly the same as for a formal one. A person needs to file a petition for divorce with the court and serve their spouse with a copy of the petition. This starts the process.
Of course, as with traditional marriages, the couple can agree on how to resolve any of the issues in their divorce, e.g., division of property, spousal support, and the rest. If they do not, at the end of the process, the judge issues a final decree of divorce, which decides the issues.
Once the judge signs off on the divorce decree, the spouses are officially divorced.
Do I Need an Attorney for Help With My Informal Marriage Issue in Texas?
If you would like to formalize an informal marriage, a Texas attorney can handle the entire process for you and help ensure that your rights are protected every step of the way.
LegalMatch.com can connect you to a Texas family lawyer who can help you formalize your informal marriage or end an informal marriage if that is your preference.
