MARRIAGE

Formal Marriages

Most of us are familiar with "Formal Marriages", which involve church weddings or weddings before a Judge or Justice of the Peace and require a marriage license.

Requirements to obtain marriage license:

1. Show proof of age;
2. If age fourteen (14) to eighteen (18), show proof of parental consent; and
3. Submit statement witnessed by two credible persons and verified stating that applicant does not own delinquent court-ordered child support.

Informal Marriages

"Informal Marriages", also known as common law marriages, involve people living together and subsequently agreeing to be married. Informal marriages are just as enforceable as are formal marriages should the parties choose to get divorced.

Informal Marriage Requirements:

1. Parties agree to be married;
2. After the agreement they live together in this state as husband and wife; and
3. They represent to others that they were married.

Statute of Limitations:

If a lawsuit alleging a common law marriage is not commenced within two years after the parties separated and ceased living together, it is "rebuttably presumed" that they did not agree to be married. (In other words, if you are "common law married" and intend to file for divorce, it is important that you do so within the 2 years following your separation in order to fully protect yourself).

Putative Marriages

Putative marriages are attempted marriages which are contracted in good faith by at least one party, but are void because on an unknown obstruction to the person claiming to be a spouse. Whaley v. Peat, 377 S.W.2d 855, 857 (Tex. Civ. App. -- Houston [1st Dist.] 1964, writ ref’d n.r.e.).

Purpose of Putative Marriage Doctrine

The "putative marriage doctrine" is used in Texas courts to correct the injustice which might otherwise occur if a marriage is believed to be valid by one or both parties, but is deemed void. A putative marriage can provide some of the civil results of a legal marriage that are impossible if the marriage is purely void. A putative spouse has all the rights, incidents and privileges pertaining to a legally valid marriage, including an equitable division of all property acquired during the relationship in a suit for divorce or in a suit to declare a marriage void. Padon v. Padon, 670 S.W.2d 354, 356 (Tex. App. -- San Antonio 1984, no writ). As a putative spouse, a party has the same rights in property acquired during the marital relationship as a lawful spouse. Davis v. Davis521 S.W.2d 603, 606 (Tex. 1975).

The rights of the putative spouse to property are, however, limited to the property rights acquired during the putative marriage. A putative spouse has no right to any share of the property which their purported spouse had at the time of the putative marriage, whether the property was separate or community from the first marriage. However, a putative spouse has the right to assert claims of equitable reimbursement. Id.at 606.

Marriage

Children

Managing Conservatorship

Property

Divorce

Mediation

Filing for Divorce

Jurisdiction

Enforcement

Wills & Estate Planning