The State of Texas does not require a formal marriage ceremony for a man and a woman to be considered married. In some circumstances the behavior of a man and a woman living together can be enough to establish an informal (or common law) marriage. Texas Family Code Section 2.401 outlines how an informal marriage can be created by allowing two unmarried persons to either:
(1) Sign a Declaration of Marriage (Tex. Fam. Code 2.402)
-or-
(2) Satisfy a Three-Part Test
(a) An Agreement To Be Married
(b) Couple Resided In Texas As Husband And Wife
(c) Couple Represented To Others They Are Married
There have been numerous court cases in Texas on this issue and it is always best to discuss these matters with a licensed Family Law Attorney. If you have questions regarding informal marriage give Edmondson Law a call at (972) 442-8326. Our consultations are always free and we have a new office located off of Highway 78 in Wylie. Give us a call or email at tyler@wylietxlaw.com.
Information, Not Legal Advice. We provide the information on this website as a public service. The legal landscape is constantly changing and being modified by state law and case law. As a result, we cannot promise that this information is always up-to-date and reflective of the most current jurisprudence.
We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through our number (972) 442-8326 or contact another attorney of your choosing.