Common-Law Marriage: What It Is and How Texas Treats It
A common-law marriage is a marriage formed without a marriage license or ceremony, in the states that recognize it. Texas calls it an informal marriage or a marriage without formalities.
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How Texas defines it
The Texas State Law Library says that under Family Code section 2.401, both partners must:
- Be adults, not related to each other, and not married to anyone else
- Agree to be married
- Live together in Texas as a married couple after agreeing
- Present themselves to others as married
Couples can register the marriage by filing a Declaration of Informal Marriage with the county clerk. Records such as tax returns, leases or insurance policies can help prove the marriage, and a court case may sometimes be needed.
Ending and proving it
The same source says a divorce is required to end a common-law marriage. In Texas, if two years pass after separation and neither partner has filed anything to prove the marriage, the state presumes it never existed.
Because there is no license, there may be no marriage certificate to order. The Social Security Administration uses separate evidence rules for common-law marriages when someone asks to change a name, which shows that agencies treat this type of marriage as its own category.
Not every state recognizes common-law marriage, and the rules differ where it is allowed. Check with the local clerk or a family law attorney.
Frequently asked questions
Can I get a certified marriage certificate for a common-law marriage?
Possibly, if a record was filed. In Texas, couples can file a Declaration of Informal Marriage with the county clerk, so ask that clerk what copies it can issue.
Do you need to live together for a set time?
The requirements the Texas State Law Library lists do not include a set number of years. They are agreement, living together as spouses in Texas and presenting yourselves as married.
Do common-law couples need a divorce?
Yes. The Texas State Law Library says a divorce is required to end the marriage.
Sources
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Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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