Ask Experts Questions for FREE Help !
Ask
    kerstinp's Avatar
    kerstinp Posts: 2, Reputation: 1
    New Member
     
    #1

    May 22, 2008, 10:59 AM
    Common law marriage
    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
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
    Ultra Member
     
    #2

    May 22, 2008, 11:04 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    May 22, 2008, 11:17 AM
    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?
    kerstinp's Avatar
    kerstinp Posts: 2, Reputation: 1
    New Member
     
    #4

    May 23, 2008, 10:20 PM
    Quote 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?
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    May 24, 2008, 04:14 PM
    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

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Love marriage or arrange marriage? [ 6 Answers ]

I have boyfriend but my parents want that I will do marriage with a boy of their choice.I really love my Boyfriend and he also love me. What should I do?

Common law marriage [ 11 Answers ]

What is the law on common law living in New York state Living like husband and wife for 12 years

Is Colorado common law marriage valid in Arizona [ 1 Answers ]

If you were married in Colorado by common law, is that marriage recognized by the state of Arizona or is a ceremony in Arizona required in order for the state to recognized the marriage?

Maryland common law marriage [ 2 Answers ]

My brother and his girlfirend have been living together for 8 years in Maryland. They purchase a house together, but only her name was put on the deed and mortgage loan, because of his credit. He signed all of his checks for "Mortgage payment", now she wants to evict him. Can she use the holder...

International Marriage in military.. Could Divorce... What do I do to save our marriage [ 7 Answers ]

My husband is in Germany serving the US Army and since November 14, 2005 he has been gone. I was supposed to go over there with him but yet to go. He says that he wants a divorce and when I try to get the real true reason out of him nothing works all he says is that I know why but deep down I have...


View more questions Search