How Do I Dissolve an Informal Marriage in Texas?

 Posted on July 08, 2024 in Divorce

There are many types of marriage ceremonies. Some are large, glitzy affairs at rustic beach mansions, others are raucous Elvis-themed parties, and still others are subdued courthouse gatherings. All are considered formal marriages in the eyes of the law.

An informal marriage, however, comes with no ceremony or license. This type of union — also known as a common-law marriage — has certain criteria that must be met, after which it is recognized by law as a valid marriage.

Dissolving an informal marriage, however, is similar to ending a conventional one in a divorce. If you are considering ending an informal marriage, speak with a Texas informal marriage divorce lawyer.

This article will explain what an informal marriage is and how to dissolve one.

What Is an Informal Marriage?

An informal marriage is when two people live as husband and wife without undergoing an official ceremony. Under Texas law, two people are informally married if they satisfy the following criteria:

• They are at least 18 years old.

• They agree to be married.

• They live as husband and wife in the State of Texas after the agreement.

• They present themselves to others as husband and wife.

• They are not married to anyone else.

If a couple can prove the above and want to be recognized by the State of Texas as informally married, they can file a Declaration of Informal Marriage with the county clerk.

If the couple splits up and begins living separately, they have two years to prove that they were informally married. Otherwise, the law will assume the marriage never existed.

Why Would Anyone Have an Informal Marriage?

Some couples are not religious and prefer not to have a ceremony for one reason or another. Others might be indefinitely engaged and decide to live together. In either case, being recognized as husband and wife entitles them to:

• Health insurance

• Military benefits

• Social Security and pension benefits

• Inheritance

• Tax considerations

How Do I Dissolve an Informal Marriage?

Once an informal marriage is recognized, it can only be dissolved like other marriages: by filing for divorce. Remember that if you have not yet filed a Declaration of Informal Marriage and you do not do so for two years after you stop living together, the marriage will not be recognized and there will be no need to file for divorce.

Contact a Tarrant County, TX Common Law Divorce Attorney

Although they are called "informal," common-law marriages are just as valid under the law as conventional marriages. Therefore, just as you would hire an attorney for a traditional marriage or divorce, you should also seek a Hurst, TX informal marriage attorney to declare or dissolve a common-law marriage.

At Daniel R. Bacalis, P.C., we have experience handling many types of marriages and divorces, and we are ready to give yours the legal attention it deserves. Call 817-498-4105 to speak with an excellent attorney and receive top-tier legal representation today.