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Smith & Garg - Attorneys at Law
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Common Law Marriage - FAQ's

Faq's

Family Law Attorney, Family Law and Common Law Divorce

If two people have lived together in another state, separate and then one or both move to Texas, can a claim for a valid common law marriage be sustained?

The Texas Family Code requires that the parties live together in Texas and hold themselves out as married in Texas.  The case law is clear that acts committed outside Texas are not evidence of a common law marriage in Texas. Not all states recognize common law marriages and it is advisable to consult the law of the state where the parties cohabitated to determine if a common law marriage was established there.  If so, Texas will honor the marriage under the full faith and credit clause of the United States Constitution. 

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