Are you questioning your relationship status and asking yourself, “Am I married? What is my marital status in Texas?” You’re not alone! This introductory guide will clarify the unique aspects of marital status in the Lone Star State, helping you understand your situation and the nuances of Texas law. Let’s dive into the essential information and determine exactly where you stand!
The big question
Am I Married? – Marital Status in Texas. Seems like a simple question, right? Sometimes however the answer to this question is not always easy. Recently wrote an article “Common Law Marriage and Texas Divorce Guide.
Am I Married? – Marital Status in Texas. Seems straightforward, right? However, the answer to this question isn’t always simple. I recently wrote an article titled “Common Law Marriage and Texas Divorce Guide.”
We will explore common law marriage further but also tackle other instances where the answer to Am I Married? – Marital Status in Texas might not be straightforward.
Void and Voidable Marriage: Am I Married? – Marital Status in Texas.
A void marriage is a marriage that never existed. A voidable marriage exists until the courts have annulled it.
Void
Two ways that a marriage is void in Texas are:
- Where one party is already married to a different person.
- The other is under Texas Family Code 6.201 in which the parties are too closely related to each other.
Annulment
The statutory grounds for annulling a marriage in Texas include:
- Marriage Under the Age of 14;
- Marriage Under the Age of 18;
- Under the Influence of Alcohol or Drugs;
- Fraud & Duress;
- Impotency;
- Mental Incapacity;
- Concealment—one of the spouses hid something significant from the other;
Voidable – 30-Day Waiting Period
Not all states do not require a divorced person to wait before remarrying, Texas does have a 30-day waiting period after a divorce.
If someone decides not to wait the entire thirty-day period and remarries too early, the new marriage is “voidable” and may be challenged for a period of time. Thus the question of Am I Married? – Marital Status in Texas is clear.
Bigamy
Bigamy in Texas dictates that an adult can only be legally married to one person at a time, rendering all subsequent marriages void while the first remains valid. The Texas Family Code affirms that the first marriage stands as the only valid one. Therefore, any marriage entered into after the first, while it still exists, is void by law.
The consequence of remaining in a relationship while an earlier marriage is still valid means:
- you will not have any of the rights or duties to the spouse so long as the earlier marriage is valid.
- That means no spousal privilege, no tax benefits for filing as a married couple, no statutory authority to make life-and-death decisions, and no right-to-death benefits.
- Instead, the legal spouse will retain those rights.
A void marriage can become valid if the first marriage ends through death or divorce, provided the parties to the second marriage present themselves as married and cohabitate. This situation results in a common law marriage, starting from the date the preceding marriage ended.
“Am I Married? – Marital Status in Texas” introduces the concept of a “Putative Marriage,” where one spouse enters the marriage in good faith, not knowing an unknown legal barrier renders the marriage invalid.
Texas courts use the “putative marriage doctrine” to prevent injustice when a marriage, believed valid by one or both parties, turns out void. The most frequent barrier is a prior marriage of one of the parties.
Texas case law suggests that the most common impediment is the existence of a prior marriage of one party to a third party.
Putative marriage exists most commonly arises in two circumstances:
- as a result of a divorce proceeding where one spouse challenges the validity of the marriage; and
- as a result of the death of a spouse where a putative spouse and a legal spouse claim survivorship rights in the estate of the decedent.
As such the doctrine works as a protective mechanism for innocent persons. This doctrine serves as a safeguard for those unaware of the marriage’s invalidity, granting the innocent party certain property rights created during the partnership, though not legitimizing the marriage itself.
A putative spouse has all the rights
Incidents and privileges pertaining to a legally valid marriage, including the right to an equitable division of all property acquired during the relationship in:
- a suit for divorce or
- in a suit to declare a marriage void.
Palimony
Palimony is not a legal concept. The Texas Family Code does not recognize “palimony,” indicating no rights under this code for cohabitating partners without a valid marriage.
The Texas Family Code does not provide for “palimony.”
This means you cannot gain rights under the Texas Family Code because you lived with someone absent a valid marriage.
However, drafting an agreement can provide some benefits typically associated with a valid marriage and answer your question: Am I Married? – Marital Status in Texas.
The Texas Business Code
Allows parties to enter agreements in consideration of “nonmarital conjugal cohabitation”. To be enforceable, these contracts or agreements must be:
- in writing and
- signed by those who are affected by the agreement.
The Texas Legislature enacted this provision specifically to reduce the influx of palimony cases into the family courts.
| Aspect | Details |
| Texas Family Code on ‘Palimony’ | Does not provide for “palimony.” Rights cannot be gained under the Texas Family Code due to cohabitation without a valid marriage. |
| Alternative Agreements | Possible to draft agreements for some benefits of a valid marriage. Answers the question “Am I Married?” regarding marital status in Texas. |
| Texas Business Code on Nonmarital Agreements | Allows agreements in consideration of “nonmarital conjugal cohabitation.” |
| Requirements for Enforceability | Agreements must be in writing and signed by the affected parties. |
| Legislative Intent | Enacted to reduce the number of palimony cases in family courts. |
Same-Sex Marriage: Am I Married? – Marital Status in Texas.
On June 26, 2015, the United States Supreme Court issued its ruling in Obergefell v. Hodges, which legalized same-sex marriage in every state of the Union. Moreover, as I have discussed in other articles, Texas is a common-law marriage state.
One of the big questions among Texas Family Law attorneys since the Obergefell v. Hodges ruling is:
“What does this mean for same-sex couples who met statutory requirements before the legalization of same-sex marriage in Texas?”
When I attended the Advanced Family Law Conference in 2016, this emerged as one of the significant questions. However, everyone agreed at the time that no case law existed to guide us. We hoped that the Texas Supreme Court would clarify matters once it ruled on some pending cases.
Common Law Marriage
In Texas, a common law marriage comes into existence when:
- a man and woman agree to marry;
- after agreeing to marry, the spouses live together as husband and wife in Texas; and
- the spouses present themselves as married to the public.
Living together or having children does not automatically establish a common-law marriage. Thus, the question “Am I Married? – Marital Status in Texas” should also become clear. Evaluating the facts and circumstances of each case is essential to determine the existence of a common-law marriage. You can read more about this topic in our article “Common Law Marriage and Texas Divorce Guide.”
In conclusion, understanding your marital status in Texas is crucial for navigating your legal rights and responsibilities. Whether you’re exploring the implications of marriage, common law marriage, or even separation, being informed about Texas laws will empower you to make informed decisions about your relationships. As you reflect on your situation, remember that clarity is key, and seeking legal guidance can further enhance your understanding. With the insights gained from this guide, you are better equipped to assess your relationship status and take the necessary steps moving forward.
Other Articles you may be interested in:
- Can I Get My Ex-wife’s New Marriage Terminated or Voided?
- Frequently Asked Questions Regarding Void Marriage in Texas
- How Can You Have Your Marriage Found to Be Void in Texas
- Can I sue my spouse’s mistress in Texas?
- When is, Cheating Considered Adultery in a Texas Divorce?
- Sex, Lies, Rock-and-roll, and Adultery in a Texas Divorce
- When is, Cheating Considered Adultery in a Texas Divorce?
- Can I Sue My Spouse for Mental Abuse in My Texas Divorce?
- 6 things You Need to Know Before You File for Divorce in Texas
- Divorce when economic times are tough
Frequently Asked Questions
To check your marital status in Texas, you can request a copy of your marriage record from the county clerk’s office where your marriage was registered.
In Texas, a marriage license alone does not mean you are married. The license must be followed by a marriage ceremony within 90 days of issuance.
In Texas, marriage is defined as a legal union between a couple as spouses. The basic elements include consent of the couple to be husband and wife and officiation by a person legally authorized to conduct a marriage ceremony.
If you are married, your marital status is ‘married’. This applies whether you are in a traditional marriage or a common-law marriage as recognized by your state.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
