Legal Question in Family Law in Texas

Did not wait 3 days to get married after obtaining marriage license

When my husband and I got married, we obtained the marriage license on one day and got married the next. Three years later, we were looking at our marriage license and noticed that it said we had to wait 72 hours before marrying. We've been living together as a married couple and now have a child together, but we were wondering if our marriage is actually legal. In other words, if we were to want to split up, would we have to get a legal divorce?


Asked on 1/02/01, 5:09 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

Re: Did not wait 3 days to get married after obtaining marriage license

Yes, for two reasons. First, the very first chapter of the Texas Family Code (1.101) says that every marriage is presumed valid.

Second, it you (1) agreed to be married, (2) lived together as husband and wife after that, and (3) represented to others that you were married then you would, in any event, have at least an "informal marriage" (common law marriage).

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Answered on 1/05/01, 3:29 pm


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