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Jerry W. Melton, Attorney At Law
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Principal Office Dallas, Texas

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Texas Common Law Marriage Information
(Informal Marriage)

Most people do not understand exactly what “common law marriage” is. Most people simply think that if two people live together for a while, there is a common law marriage. 

Texas continues to recognize the validity of informal marriage including unions that are entered into within its borders as well as those entered into in other states recognizing common law marriages. The law has long been that two people who wish to be married do not need to have a ceremonial marriage.  

The policy of the state of Texas regarding marriage, whether ceremonial, common law, or putative, is contained in section 1.101 of the Texas Family Code, which provides the following:

“in order to promote the public health and welfare and to provide the necessary records, this Code specifies detailed rules to be followed in establishing the marriage relationship. However, in order to provide stability for those entering into the marriage relationship in good faith and to provide for an orderly determination of parentage and security for the children of the relationship, it is the policy of this state to preserve and uphold each marriage against claims of invalidity unless a strong reason exists for holding the marriage void or voidable. Therefore, every marriage entered into in this state is presumed valid unless expressly made void by Chapter 6, Suit For Dissolution of Marriage, or unless expressly made voidable by Chapter 6, and annulled as provided by that Chapter. Texas Family Code §1.101. 

For More Information Concerning Common Law Marriages in Texas, please see the following articles:

Proving a Common Law Marriage in Texas, Development of Common Law Marriage in Texas, Overview of Common Law Marriage


 



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