My fiance and I just got a declaration of informal marriage from the county clerks office here in Texas. His job is based out of Louisiana and they are telling us that because they don't recognize common law marriages they can't add me to his insurance. I read up on Texas common law and found out it's as legal as a real marriage, if we split we'd have to go through a divorce and everything. So shouldn't it be recognized as legally binding in other states?
2007-12-14 04:01:28 · 7 answers · asked by desert_moon_angel 1 in Politics & Government ➔ Law & Ethics
If you follow the procedures in Texas for an informal marriage, it is just as binding as any other marriage and is recognized in other states, including LA.
Your problem is in telling the employer that it is a "common law marriage". It is not. It is an actual marriage.
You might need a Texas lawyer to write a letter to the employer to clarify this for you. Good luck.
2007-12-14 04:08:45 · answer #1 · answered by raichasays 7 · 0⤊ 0⤋
As for "common law" that might depend on the state. As for "legal marriage," the Full, Faith, and Credit Clause in the Constitution provides that marriages from state to state are 'usually' recognized. The issue with this right now is gay marriage. Almost 20(?) states have amended their Constitution making gay marriage illegal, preventing recognition.
To make it binding, why not just go through the civil procedure and get married?
2007-12-14 04:08:36 · answer #2 · answered by Gordon P 3 · 0⤊ 0⤋
I don't agree with this, but all states continue to recognise common-law marriages lawfully contracted in those U.S. jurisdictions that still permit this irregular contract of a marriage
Why not just go through with a civil ceremony at the courthouse? If you want to reap the benefits of a legal marriage then you should be willing to go through with the actual thing.
2007-12-14 04:42:31 · answer #3 · answered by Kate the Great 5 · 0⤊ 0⤋
I believe common law marraige has not been recognized legaly since the last state to do so, New York, stopped doing so in 1934.If you lived together for 3 years prior to that date, you may be grandfathered in. However all states recognize common law accumulation of property when items were purchased while living together. d;o)
2016-05-23 22:48:19 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Under the Full Faith and Credit clause, it should be recognized in any other state, even those without common law marriage.
2007-12-14 04:04:42 · answer #5 · answered by Anonymous · 0⤊ 0⤋
if i'm not mistaken louisiana has their own common law marriage and i think you would have to abide by their regulations. also i think that it is considered common law marriage if a couple has been living together for more than 3 years. but as a resident of louisana they will do anything to screw people out of saving money.
2007-12-14 04:07:55 · answer #6 · answered by Authentic 3 · 0⤊ 1⤋
some of these laws are tricky. Consult an attorney so you know what you can legally insist on.
2007-12-14 04:09:27 · answer #7 · answered by Diane M 7 · 0⤊ 0⤋