Legal Question in Family Law in Texas

Am I common law married

Me and a 16 year old have been claiming common law marriage for 6 months before finding out about having to have written parental consent. I have been using his last name, we've been claiming each other as husband and wife and we've been living together in his parents' home. Is there such thing as implied consent because his parents allowed me to live with him and have our own room, or does the marriage not exist because there was no written consent?


Asked on 8/28/00, 1:48 am

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Am I common law married

Parental consent is required to obtain a marriage license in order to be ceremonially married. You and your partner have decided to forego that step. Common law marriage requires that you live together as husband and wife and hold out to the public that you are married. These facts may be important if criminal charges are filed against your partner's parents for contributing to the deliquency of a minor and child abuse.

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Answered on 10/02/00, 10:36 am


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