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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

Can two people of the same sex enter into a common law or informal marriage in Texas?

The Texas Family Code expressly states that same sex marriages or civil unions are contrary to the public policy of the State and are not recognized as valid marriages.  The counties are not permitted to issue marriage licenses to persons of the same sex.  Even if one of the parties has undergone surgical procedures to acquire the physical characteristics of the opposite sex, i.e. a transsexual, the courts have held that such persons are not legally entitled to marry.  Therefore, any such marriage is invalid as a matter of law.

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