Informal marriage, also known as common-law marriage, is a legal concept that can have profound implications for couples in Harris County, Texas. Understanding the nuances of informal marriage is crucial, particularly if you are facing a divorce or other legal proceedings. As a board-certified family law attorney with 25 years of experience, I have handled numerous cases involving informal marriages. This article will explore what constitutes an informal marriage in Texas, how it can be proven, and what you should do if you are involved in such a relationship.
What is Informal Marriage in Texas?
In Texas, an informal marriage is recognized as legally valid without the couple having formally registered their union with the state through a traditional ceremony or marriage license. This type of marriage is often referred to as a common-law marriage. Under Texas Family Code § 2.401, an informal marriage can be established if the couple meets the following criteria:
- Agreement to be Married: Both parties must have a mutual agreement that they are married.
- Cohabitation: The couple must live together in Texas as husband and wife.
- Representation to Others: The couple must represent themselves to others as being married.
These three elements must be met simultaneously for an informal marriage to be recognized by the courts.
Case Law on Informal Marriage in Texas
Texas courts have a long history of adjudicating cases related to informal marriage. One such case is Small v. McMaster, 352 S.W.3d 280 (Tex. App.—Houston [14th Dist.] 2011, pet. denied). In this case, the court examined whether the parties had an informal marriage. The couple lived together for several years, shared expenses, and had children together. However, the court ultimately ruled that an informal marriage did not exist because the couple did not represent themselves as married to others.
Another relevant case is Nguyen v. Nguyen, 355 S.W.3d 82 (Tex. App.—Houston [1st Dist.] 2011, pet. denied). Here, the court found that the couple had an informal marriage based on their mutual agreement, cohabitation, and representation as a married couple. This case underscores the importance of fulfilling all three elements of informal marriage under Texas law.
Proving Informal Marriage in Harris County, Texas
Proving an informal marriage can be complex, especially in the absence of a formal marriage certificate. In Harris County, Texas, the burden of proof lies with the party asserting the existence of the informal marriage. Evidence that can support the claim includes:
- Joint Tax Returns: Filing joint tax returns as a married couple can serve as evidence of representation.
- Shared Financial Accounts: Joint bank accounts or credit cards can demonstrate a mutual commitment and financial cohabitation.
- Leases or Property Deeds: Co-signing leases or property deeds as husband and wife is strong evidence of an informal marriage.
- Witness Testimony: Testimony from friends, family, or coworkers who can attest to the couple representing themselves as married.
If the couple separates and one party disputes the existence of an informal marriage, the other party must present clear and convincing evidence to the court.
Challenges in Dissolving an Informal Marriage
Ending an informal marriage is as legally binding as dissolving a formal marriage. However, unique challenges arise, particularly in proving the marriage existed in the first place. As a Houston divorce lawyer, I have seen cases where one party denies the marriage to avoid property division or spousal support obligations. This denial can complicate the divorce process and may require extensive litigation to resolve.
One common issue in informal marriages is the division of assets. Since there may be no clear documentation of the marriage, determining which assets are community property can be challenging. Texas is a community property state, meaning that any property acquired during the marriage is presumed to be owned jointly by both parties. In an informal marriage, proving the date of marriage is crucial for establishing which assets are subject to division.
Common Misconceptions About Informal Marriage in Texas
There are several misconceptions about informal marriage that can lead to legal complications. One common myth is that simply living together for a certain period automatically creates an informal marriage. In reality, all three elements—agreement to be married, cohabitation, and representation to others—must be present. Without these, the relationship does not constitute an informal marriage under Texas law.
Another misconception is that an informal marriage can be dissolved simply by separating. Like a formal marriage, an informal marriage requires a legal divorce to dissolve. Failure to obtain a divorce can result in ongoing legal obligations, such as spousal support or claims to property, even after the relationship ends.
Protecting Your Rights in an Informal Marriage
If you are in an informal marriage in Harris County, it is essential to understand your legal rights and obligations. Whether you are seeking to prove the existence of the marriage or defend against a claim, legal representation is crucial. As an experienced Houston divorce lawyer, I can help you navigate the complexities of informal marriage and ensure your rights are protected.
The Role of a Houston Divorce Lawyer in Informal Marriage Cases
When dealing with informal marriage cases, the role of a Houston divorce lawyer is multifaceted. My job is to gather evidence, present a compelling case to the court, and protect your interests throughout the legal process. Whether you are seeking a divorce or defending against a claim of informal marriage, I am here to provide the guidance and expertise you need.
In addition to handling the legal aspects of your case, I also offer support and advice on related issues such as child custody, property division, and spousal support. My goal is to achieve the best possible outcome for you while minimizing the stress and emotional toll of the legal process.
Why Choose Michael Busby for Your Informal Marriage Case in Harris County?
With 25 years of experience in family law, I have the expertise and knowledge to handle even the most complex informal marriage cases. I am board certified in family law, which means I have met rigorous standards set by the Texas Board of Legal Specialization. My practice is focused on providing personalized, effective legal representation to clients in Harris County and the surrounding areas.
My offices are conveniently located at 6100 Corporate Drive, Suite 190, Houston, TX 77036, and 715 East Whitney, Houston, TX 77022. We are open Monday, Tuesday, Thursday, and Friday from 8:30 AM to 5:30 PM, and Wednesdays from 8:30 AM to 7:00 PM. I offer flexible scheduling to accommodate your needs and am committed to providing excellent client service.
FAQs About Informal Marriage in Harris County, Texas
What is required to establish an informal marriage in Texas?
To establish an informal marriage in Texas, you must meet three criteria: agreement to be married, cohabitation, and representation to others as a married couple.
Can an informal marriage be dissolved without a formal divorce?
No, an informal marriage requires a legal divorce to be dissolved, just like a formal marriage.
What evidence can be used to prove an informal marriage?
Evidence such as joint tax returns, shared financial accounts, property deeds, and witness testimony can be used to prove an informal marriage.
How long do you have to live together to be considered informally married?
There is no specific time requirement for cohabitation to establish an informal marriage. The key is meeting all three elements of informal marriage simultaneously.
Can you deny an informal marriage?
Yes, but the burden of proof lies with the party claiming the existence of the marriage. If they can provide clear and convincing evidence, the court may recognize the informal marriage.
What happens if one party denies the informal marriage?
If one party denies the informal marriage, the case may require litigation to resolve. The court will consider the evidence presented by both parties to determine whether an informal marriage existed.
Conclusion
Informal marriage is a complex area of Texas family law that can have significant legal implications. Whether you are seeking to establish or contest an informal marriage, it is crucial to have experienced legal representation on your side. As a Houston divorce lawyer with 25 years of experience, I am dedicated to helping clients navigate the challenges of informal marriage and achieve favorable outcomes.
If you have questions or need legal assistance with an informal marriage case in Harris County, please contact my office at 281-DIVORCE. I am here to help you understand your rights and protect your interests.
