If we never had a marriage license was our marriage legal?

02/16/2007 - Divorce - State: TX #716

Full Question:

We have been separated for 2 years and 3 months. I live in Texas and he lives in Idaho, with his parents. Is there anything different that I need to do, since he lives in another state. We were married by a preacher but did not file a marriage license. We have lived as husband and wife in several states. Do we need to get a divorce, since a license was never filed?

Answer:

Texas law provides:
PROOF OF INFORMAL MARRIAGE.;

(a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:

(1) a declaration of their marriage has been signed as provided by this subchapter; or
(2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.

(b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.

(c) A person under 18 years of age may not

(1) be a party to an informal marriage or
(2) execute a declaration of informal marriage under Section 2.402.



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02/16/2007 - Category: Divorce - State: TX #716

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