In Texas, common law marriage, also known as informal marriage, is legally recognized. This type of marriage doesn’t require a formal ceremony or marriage license. Instead, it is based on the couple’s actions and intentions. Many people are unaware that common law marriages can have the same legal rights as traditional marriages, including property division and spousal benefits.
This article will explain the process of how to get a common law marriage certificate in Texas, the requirements for establishing a common law marriage, and what steps you should take to legally declare and document your marriage.
Understanding Common Law Marriage in Texas
Before diving into how to get a common law marriage certificate, it is important to understand what qualifies as a common law marriage in Texas. To be considered in a common law marriage, the following conditions must be met:
Both parties must agree to be married.
This agreement can be verbal, and it means that both individuals must have the intention to be husband and wife, even if they don’t go through a formal ceremony.
Live together in Texas as a married couple.
The couple must live together in Texas. The duration of living together is not specified, but the longer they live together, the stronger the case for common law marriage.
Present themselves as married.
The couple must hold themselves out to the community as a married couple. This includes using the same last name, referring to each other as husband and wife, or filing joint tax returns.
Once these three elements are satisfied, a common law marriage is legally recognized, and the couple can obtain a certificate to document their marriage. However, the common law marriage must be proven in court if there is any dispute.
Step 1: Proving You Have a Common Law Marriage
Although common law marriages in Texas do not require a ceremony, you may need to prove that you meet the requirements outlined above. If you decide to get a common law marriage certificate, you must provide evidence to show that you’ve been living as a married couple. Some of the most common types of evidence include:
Joint financial accounts (such as joint bank accounts, credit cards, or joint tax returns)
Property deeds or leases showing both names
Affidavits from friends or family who can confirm that you present yourselves as a married couple
Other legal documents (such as insurance policies or health benefits) that list you and your partner as spouses
If you are seeking a common law marriage certificate for legal purposes, such as proving your marriage for a divorce or inheritance case, you may need to provide a legal declaration or proof of marriage.
Step 2: Declaration of Informal Marriage
To get a common law marriage certificate in Texas, you must first file a Declaration of Informal Marriage with the County Clerk’s office. This is a formal document that declares that you and your partner meet the requirements for a common law marriage in Texas. The Declaration must be signed by both parties, and you will need to provide the following:
Names of both parties: The full legal names of both individuals in the relationship.
Date of marriage: The approximate date when the marriage began.
Statement of agreement: Both individuals must declare that they are in an informal marriage, with the intention to be legally married.
Once this document is signed and filed with the County Clerk’s office, you will be issued a marriage certificate that serves as proof of your common law marriage.
Filing Fees
The filing fee for the Declaration of Informal Marriage varies depending on the county, but it generally ranges from $30 to $80. It’s important to check with your local County Clerk’s office for specific fees and requirements.
Step 3: Getting the Marriage Certificate
After the Declaration of Informal Marriage has been filed and accepted, you can request an official Marriage Certificate from the County Clerk’s office. This certificate will list you and your partner as a legally recognized married couple under Texas law. It is important to note that this certificate serves as legal proof of your common law marriage.
If you ever need a copy of your marriage certificate for legal matters, such as name changes, divorce proceedings, or estate issues, you can request an official copy from the County Clerk’s office.
Common Issues with Common Law Marriage in Texas
While common law marriage is legally recognized in Texas, it can sometimes lead to complications, especially if there is a dispute about the existence of the marriage. Some common issues include:
Disputes over the start date: The exact start date of the marriage may be contested, especially if there is a lack of clear evidence.
Disagreements about the marriage’s existence: If one party denies that a common law marriage exists, it may require legal action or court intervention to resolve.
Property division: In cases of divorce or separation, property division may be difficult if the common law marriage is not properly documented or recognized.
In these situations, it may be necessary to hire a family law attorney who can help you gather evidence, file the proper paperwork, and resolve the dispute.
Conclusion
Getting a common law marriage certificate in Texas is a straightforward process once you understand the requirements and take the necessary steps. By filing a Declaration of Informal Marriage with the County Clerk’s office and providing the appropriate documentation, you can legally formalize your common law marriage and obtain the certificate to prove it. However, if disputes arise or if the existence of the marriage is contested, it’s important to consult with a lawyer to ensure your rights are protected.
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