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Texas Common Law Marriage |
What is a Common Law Marriage? An informal marriage, sometimes called a common-law marriage, can be created when a man and a woman sign and register an official document of marriage at the county clerk’s office.
A man and a woman may also enter into an informal marriage if they agree to be married, live together in Texas as husband and wife, and represent to others in Texas that they are married.
An informal marriage may not be entered into if either party is under the age of 18.
Can a divorce be granted if there is a Common Law Marriage? Parties to a registered informal marriage must be divorced the same as parties who were married in a ceremony with a marriage license, if there is a signed and registered official document of marriage at the county clerk’s office.
If you are "common law married" and intend to file for divorce and there is no registered official document at the courthouse, it is important that you do so within 2 years following your separation. After two years after the parties separated and ceased living together, it is presumed that they did not agree to be married.
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