Marriage after common law?

Meagan78 · July 2010

So my fiance and I filed a "Declaration of Informal Marriage" last September, mostly for insurance reasons (he was ill) and really just a paper thing, and then he proposed on October 31. Has anyone been through something similar? Did you get a new marriage license to convert to a "regular" marriage? Just do the ceremony and the state maintains the original common law date in their records? I can't find anything online on how to convert from common law to a regular marriage in Texas.

SarahPLiz · July 2010

From what I know, common law marriage does not require any paperwork. If you live together for long enough and publically declare that you are husband and wife, then you are common law married.

I think what you are referring to is a civil ceremony. If you signed a marriage license, then you are married in the eyes of the law, and a proposal is not really necessary, because you are already married.

If you are already legally married, presumably by an officer of the court, then that was your wedding. If you want to have a pretty princess day, then that would be a vow renewal, or a church blessing of your marriage not a wedding.

Legal marriage is legal marriage, and whether you are married by common law or by a marriage license doesn't matter in the eyes of the law, from what I have read.

I am a little confused as to why your husband felt he should propose a lifetime commitment to you AFTER you were already legally married. Were you not under the impression that he actually wanted to be with you forever when you signed the papers? Im sorry if this sounds accusatory, but I'm having a hard time wrapping my head around it.

Edited to add: According to this http://www.co.travis.tx.us/dro/common_law.asp in order to have your common law marriage recognized as legal in TX, for insurance and other purposes I presume, you have to cohabitat, agree that you intend to be married, and publically assert that you are husband and wife. Apparently you did that, so you are married. Since a wedding is the act of becoming married, you already had one. Now you can have a vow renewal or a church blessing.

Also, if you want your marriage recognized in another state, you should contact the Travis County Clerk and ask them what the procedure is.

SarahPLiz · July 2010

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/local-wedding-boards_texas-austin_marriage-after-common-law?plckFindPostKey=Cat:Local Wedding BoardsForum:126Discussion:c400c6a7-d77a-4f16-97fb-64d8c0cfb678Post:e7e88f27-9f72-485a-83ff-6fcd97ce8ec8">Marriage after common law?</a>:
[QUOTE]So my fiance and I got common law married last September, mostly for insurance reasons and really just a paper thing, and then he proposed on October 31. Has anyone done this? Do you get a new marriage license to convert to a "regular" marriage? Just do the ceremony for kicks and giggles and stay common law? I can't find anything online on how to convert from common law to a regular marriage in Texas.
Posted by Meagan78[/QUOTE]

Meagan78 · July 2010

Thanks. We didn't have a ceremony. My fiance was ill, needed medical coverage, so we filed a "Declaration of informal Marriage" at the clerk's office. Now that he's had his surgery, we're doing the ceremony. I was just wondering about whether we need a license (and, therefore, the pre-marital counseling) and can't get the clerk's office on the phone or find it online so thought I'd see if someone knew. I think I'll try to just go down to the annex next week and ask them in person.

kelseymw · July 2010

Actually in Texas every time you get married, you have to get a new license if you want it to be performed by a state official (JOP, religious, etc). You can remarry as many times as you want. It's quite strange but it applies for vow renewals, secret marriage remarriages, etc. I am not positive that this applies for a common law marriage, but it does mean you are married though right? According to the Texas state laws, a county clerk must issue a marriage license to a couple who is already married to each other.

Meagan78 · July 2010

Thank you, KelseyMW. It's the marriage by an official part that made me think we have to go get the license to do it again. We're having my priest perform the ceremony. I just need to make the time to go down there because, if we do need the license, I'd like to do the premarital classes to get the license discount and that may take some time.

kelseymw · July 2010

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/local-wedding-boards_texas-austin_marriage-after-common-law?plckFindPostKey=Cat:Local%20Wedding%20BoardsForum:126Discussion:c400c6a7-d77a-4f16-97fb-64d8c0cfb678Post:3149ebc0-8a42-43a2-8453-b4287de3b126">Re: Marriage after common law?</a>:
[QUOTE]Thank you, KelseyMW. <strong> It's the marriage by an official part that made me think we have to go get the license to do it again.</strong> We're having my priest perform the ceremony. I just need to make the time to go down there because, if we do need the license, I'd like to do the premarital classes to get the license discount and that may take some time.
Posted by Meagan78[/QUOTE]
Yep, in this case you definitely will. Texas has some interesting marriage laws. You could get married to the same person every year and you'd have to get a new license every time if you want an official to perform the ceremony.

GL!

Meagan78 · July 2010

I went to the Clerk's office this morning. They said, yes, to have an official ceremony with a priest, or "remarriage, we would apply for a new license. Both dates would be on file - informal and formal but the formal would be the one we'd use going forward when calling for records and such and the date on our official marriage certificate will be the new date.

kelseymw · July 2010

Glad you got it worked out. Good luck with your planning!

Marriage after common law?

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