My common law husband of several years is fixing to get deplyed to iraq. We live in Texas where common law marriage is lawfull. I was wanting to know if the military will accept a declaration of informal marriage is sufficient and accepted to receive benefits and the same accepted status as a "with licence" marriage
Kerstin

Not to my knowledge (Navy wife - husband retired). Although the state recognizes common law, the US Military does not. They will cover out of wedlock children, but you need to get your marriage on paper. Head on down to the courthouse.

Texas calls it an "informal marriage," rather than a common-law marriage. Under § 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a 3-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. A 1995 update adds an evidentiary presumption that there was no marriage if no suit for proof of marriage is filed within two years of the date the parties separated and ceased living together.

Have you met the conditions listed above?

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Originally Posted by ScottGem

Texas calls it an "informal marriage," rather than a common-law marriage. Under § 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a 3-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. A 1995 update adds an evidentiary presumption that there was no marriage if no suit for proof of marriage is filed within two years of the date the parties separated and ceased living together.

Have you met the conditions listed above?

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Yes all conditions apply to us, that is why I was wondering cause according to the TFC we are legally married. Just didn't know if the military regognizes the informal marriage as well.

I do not believe, since they will be asking for a marriage certificate when he files his paper work. What sort of paper work do you have to submit to them from the courts