Legal Question in Family Law in Texas

Yes, a common law marriage carries all the same legal privileges as a formal marriage. If a common law marriage can be proven under Texas law then it carries the same weight as a formal marriage in all fifty states. That is a requirement of the Full Faith and Credit clause of the U.S. Constitution, which is commonly discussed in terms of gay marriage. The caveat is that with a formal marriage, proving the marriage is very easy. Show a certified copy of the marriage license and that is pretty much all you need to do. With an informal marriage/common law marriage, you don't have the marriage license so proving the marriage can be more difficult. In Texas you can do to the county clerk's office in the county in which you reside and there is a form you can fill out and file that identifies the informal marriage along with the time and place it began. That's just as good as showing a marriage certificate. If you do not file that form and the informal marriage is challenged then you will bear the burden of proving each element of the informal marriage exists.

I absolutely agree with Attorney Kielich.

There are some other potential problems with common law marriages. For example, if you are separated for more than 2 years and no divorce is filed, then it becomes harder to prove that you ever intended to have a common law marriage -- not impossible -- but harder.

I recommend meeting with a family law attorney in TX to discuss your options. A family law attorney in TX understands common law marriage and can assist you with the ins and outs of this potentially "tricky" problem.

Good luck!