Legal Question in Family Law in Texas

Re: Common Law Marriage qualifications

There are three elements of a "common law" marriage (actually referred to as an informal marriage in Texas). The first is that the couple must agree to be married. The second is that they must live together as husband and wife AFTER that agreement. And finally, they must have represented to others that they were married.

Giving the child the father's name is NOT an element for an informal marriage, BUT it could be evidence that the parties intended to be married. In other words, if one of the parties later tried to prove an informal marriage, the naming of the child would certainly be part of the evidence.

Once an informal mariage is established, the parties are as married as if they had been married in a marriage ceremony.

Of course, the above is very general. Your specific circumstances will control in this matter. If you have any questions, you should talk to an attorney in your area.

Bob Leonard, Jr.

[email protected]

www.hannaleonard.com

512-477-6200