Legal Question in Family Law in Texas
if i live in texas and got married in louisiana with a texas marriage license by a preacher not licensed in louisiana, is this marriage legal? we also filed the marriage license at a courthouse in texas. i now want a divorce. do i need a decree of divorce?
1 Answer from Attorneys
"Legal"? Yes and no. No, your Louisiana marriage ceremony did not constitute a valid ceremony for Texas purposes. However, this is actually one of the more legitimate (at least in my personal view) reasons for having common-law marriage. I would assume that you and your spouse believed at least initially that you were legally married, and that after this ceremony, the two of you announced to everyone that you were now married and referred to each other as husband and wife, considered yourselves to be married and have all the usual obligations toward each other that go along with marriage, and lived together as husband and wife. If all of that is true, then you are just as married as if you'd gotten married in a Texas ceremony by someone qualified to perform the ceremony. The downside to that, perhaps, is that yes--you really do need to get a divorce in the usual way.