Legal Question in Family Law in Texas

Informal Marriage

Does there have to be a Declaration of Informal Marriage for a relationship to be considered a common law marriage? My ex was with a girl for several years, filed taxes together and had a child. They broke up three years ago. They never presented themselves to others as married. I've read the code, and my question is do you have to file or declare common law for it to be legal? If we applied for a marriage license, how would anyone know he was common law married if they never went to a clerk and declared an informal marriage?


Asked on 10/01/08, 10:41 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Informal Marriage

They may not have been married. When they filed taxes did they list themselves as married? If so, that is holding yourself out at married. If they have been separated for more than two years, without any court action, it is not necessary for them to divorce.

Read more
Answered on 10/10/08, 7:02 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas