Vital records, including birth certificates, death certificates, and marriage records, are all considered public records in Texas. You might wonder why they make marriage records public in the Lone Star State, as some might assume that this information should be kept private.
There are a number of reasons, however, that vital records like marriage records are public in Texas. These include the promotion of government transparency and accountability, helping to serve essential legal purposes, allowing for the monitoring of public health over time, and more.
In this article, we’ll take a look at what you need to know about acquiring a certified copy of your marriage license, receiving a verification letter regarding a marriage or divorce, and much more.
Yes, marriage records are considered public records in Texas.
A public record is any document, information, or data that is created, collected, maintained, or stored by a government agency in the course of its official duties and is considered accessible to the public.
What this means is that anyone can access them, so long as they follow the proper procedures and meet any of the necessary requirements. Marriage records in Texas are maintained by the county clerk's office in the county where the marriage license was issued.
However, certain details within marriage records, such as personal identification numbers and Social Security numbers, may be redacted to protect individuals' privacy. It's always a good idea to check with the specific county clerk's office for their procedures for accessing marriage records, as there can be different systems and processes in different counties.
One common misconception is that you can receive a copy of your marriage license from the Bureau of Vital Statistics in Texas. In actuality, though, this office isn’t able to issue certified copies of either marriage licenses or divorce decrees.
If you’re looking for a certified copy of your marriage license, you’ll want to contact the county clerk’s office in the same county where the marriage license was initially issued.
If you are trying to determine the time and date of marriage (for genealogical research, legal issues, or other reasons), you can take a look at the Public Indexes maintained by the Texas Vital Statistics Bureau.
It’s worth noting that marriage verifications can only be issued for unions that occurred in 1966 or later, while divorce verifications can only be issued for marriage dissolutions that occurred in 1968 or later.
When marriages and divorces occur in Texas, county and district clerks will send records to the Vital Statistics Bureau. These records are then compiled into indexes, which can then be downloaded based on the year.
Vital Statistics is very clear about the fact that there might be misreported info or data entry errors in the marriage and divorce indexes. You, therefore, shouldn’t be shocked if you come across missing data, incorrect dates, or misspelled named. Since the original record is something that can be continually corrected, it’s possible that the indexes you are looking at don’t actually have the most up-to-date info.
It’s worth noting that these marriage and divorce indexes aren’t technically legal documents. Instead, they are simply meant to be helpful tools to help people track down where a marriage license or divorce decree was initially filed.
Looking for more info on marriage and divorce in Texas? Check out some of our guides:
Quite a bit of useful info can be found in the marriage and divorce indexes provided by Vital Statistics.
For the marriage indexes, the following information will be available:
For divorce indexes, the place of marriage won’t be listed, but the following information will be listed:
Marriage verification letters confirm the occurrence of a marriage and provide details such as the full names of the spouses, date of marriage, place of marriage, and any other relevant information.
Marriage verification letters are not the same thing as a certified copy of a marriage certificate.
If you’re looking for a certified copy of a marriage license or a divorce decree, you’ll need to contact the district clerk where the marriage or divorce was filed initially. However, you can receive a verification letter from the Vital Statistics Bureau for a marriage or a divorce so long as it occurred in 1966 or later for marriages and in 1968 or later for divorces.
There are several different methods you can use to receive a verification letter:
Looking for more info on marriage and divorce in Texas? Check out some of our guides:
The easiest way is to order them online through the Texas.gov website. You can learn more about ordering verification letters here.
If you want to order a verification letter by mail, you’ll need to make sure you select the correct address before sticking it in the mailbox. You can choose either standard/regular processing or you can pay for expedited processing.
Here is the address you’ll use for regular processing:
Texas Vital Statistics
Department of State Health Services
P.O. Box 12040
Austin, TX 78711-2040
Here is the address you’ll use for expedited processing (you must use an overnight mail service to receive expedited processing):
Texas Vital Statistics
MC 2096
Department of State Health Services
1100 W. 49th Street
Austin, TX 78756
There are two different ways you can order verification letters in person. The first is to visit your local office (typically the clerk’s office) in order to request a verification letter. You can find a list of local offices organized by county and city here.
You may also choose to visit the Vital Statistics headquarters in Austin during their office hours. You can receive the following services in person at Vital Statistics HQ:
Marriage records in Texas, like in many other states in the U.S., are considered public records.
There are several reasons for this:
It’s worth understanding that, while marriage records are generally public in Texas, there may be certain restrictions or limitations on accessing specific details within these records. In particular, these types of records will be made private in order to protect sensitive personal info such as addresses, social security numbers, or other information that could present privacy concerns.
Individuals can also request that their marriage license be made private if they have safety concerns.
It’s useful to know that marriage records are public in Texas, whether you’re wondering whether your information will be available to the general public after marriage or you’re trying to track down a record of a marriage for genealogical purposes. Furthermore, you can use the info in this article to track down a certified copy of your marriage certificate, which can be useful in a number of instances, such as:
Whether you’re starting a marriage or ending one, navigating the world of family law can be a bit overwhelming. If you’re searching for more resources about marriage, divorce, custody, child support, alimony, or any other family law topic, you’re in the right place– make sure you check out the rest of our Texas Divorce Laws blog.
When we think of marriage, we tend to think of the more romantic aspects of the union rather than the practical, legal, and financial realities of tying the knot. For this reason, many might be resistant to even learning about the potential of having a marriage contract in Texas.
In reality, though, creating a marriage contract can be a smart move for couples that want to create clear expectations and avoid conflict in their marriage.
What is a marriage contract, exactly, and what do they consist of? What are the typical components of a marriage contract? What makes you a good candidate for creating this type of legal document?
Let’s look at the answers to all of those questions and more.
A marriage contract, also commonly referred to as either a prenuptial agreement (prenup) or a postnuptial agreement (postnup), is a legally binding document that outlines the rights and responsibilities of spouses in relation to a number of different financial matters during their marriage and in the event of divorce or death.
In simpler terms, it's a written agreement between two people who are about to get married or are already married. In the document, couples usually specify how assets, debts, and other financial matters will be managed and divided if the marriage ends in one way or another. Furthermore, this contract can be used to outline how financial matters will be dealt with during the marriage.
So, what’s in a marriage contract?
While this is a unique document created by and for each couple to meet their specific circumstances, you’ll typically find the following issues discussed in a marriage contract:
At its core, the purpose of a marriage contract is to provide clarity and security for both spouses.
With a prenup or a postnup, both parties can ensure that their financial interests are protected and that there are clear guidelines in place for handling financial matters in the event of a breakup.
Furthermore, having a prenup or a postnup in place can also help streamline the divorce process by resolving potential disputes in advance.
Looking for more information about marriage and divorce in Texas? Check out some of our guides:
It's important to note that marriage contracts must comply with state laws to be enforceable, and each state has its own requirements and regulations regarding the content and validity of these agreements.
Therefore, it's always advisable for couples considering a marriage contract to consult with an attorney who is knowledgeable about the laws in their state to make sure the contract they make will be seen as legal and enforceable.
In Texas, the legal framework that underlies marriage contracts is governed by the Texas Family Code. The Family Code sets forth the rules and regulations regarding marriage, divorce, property division, spousal support, and more.
Here are some of the things you’ll want to know about marriage contracts in Texas:
Having a marriage contract in Texas can offer several significant benefits for couples. Here are some of the key advantages:
In Texas, as in all other states, the decision to create a prenuptial agreement depends on the individual circumstances and goals of each couple.
While prenups are often associated with wealthy individuals, they actually can be beneficial for a wide range of couples. Here are some situations in which couples in Texas may consider creating a prenup:
Creating a marriage contract in Texas, either before or after your union, might not sound like the most romantic thing in the world. After all, doesn’t making a prenup or a postnup mean that you’re expecting your marriage won’t last?
The truth is, actually, that marriage contracts can be a very useful tool in your financial life. These documents don’t just outline what happens to assets and debts in the event of divorce, but they can also create a clear understanding of what happens in the event of one party's death and even create a plan for your finances during your marriage.
Are you searching for more resources to help you navigate family law in Texas? If so, make sure you check out our Texas Divorce Laws blog for more articles and information.
Unfortunately, there is an escalating concern regarding fake Texas marriage certificates. These are documents that are deliberately forged in order to trick authorities and other parties.
There are a number of reasons why someone might be driven to obtain a fake Texas marriage certificate, including immigration fraud. In this article, we’re going to touch upon how to spot a fake Texas marriage certificate, the reasons someone might be motivated to get one, and how to avoid falling for a fake marriage certificate scam.
Spotting a fake Texas marriage certificate involves looking for several key indicators.
You might think that the concern surrounding fake marriage certificates is unwarranted, but the truth is it happens more than you think. For example, here is a case involving a woman who admitted to providing non-residents with fake proof of their marriage for immigration purposes from only a few years ago.
Let’s take a look at some of the most important things you’ll want to look for if you’re concerned that a marriage certificate is fraudulent.
Genuine Texas marriage certificates are printed on high-quality paper and have watermarks or other specific security features.
If the paper feels cheap or flimsy, or if it lacks any watermarking that should be present according to state guidelines, it could be fake.
Authentic certificates must have a raised or embossed seal from the state or county office, not merely printed.
There should also be a legitimate signature from the county clerk or another authorized official. If the seal looks flat or the signature seems printed, those are red flags.
Look for any spelling or grammatical errors, particularly in the names of the parties or the officiant or in the titles and locations of the authorities that issued the document.
Official documents usually use consistent fonts and printing techniques.
For this reason, if you notice multiple fonts being used without clear reason or if the print quality is poor, that could indicate a counterfeit.
Perhaps one of the first things you’ll want to look at when trying to determine if a marriage certificate is fake is checking to see if the basic info is correct.
Any incorrect information might suggest a forgery, especially if the details do not match other records or if there are otherwise unexplainable discrepancies in dates and locations.
If you are trying to determine whether a Texas marriage document is legitimate or fraudulent, look for the serial number printed on the certificate.
Genuine marriage certificates will have a serial number and are registered with local government offices. If there’s a number present, you can check its authenticity by contacting the county clerk’s office to confirm that the number matches their records.
If the numbers don’t match their records, you may have fraud on your hands! If they do, you can rest assured that the document is legitimate.
Fraudsters have gotten pretty good at making fake documents. At the same time, not all forgeries are nearly as convincing as others.
When checking the legitimacy of a marriage certificate, look for signs of tampering, such as erasures, whiteouts, or physical alterations. If you find any of these, it could definitely be a sign of forgery.
The layout and format should comply with the state’s standards– if something is a little off, then there is probably something fishy going on!
If the certificate's format looks significantly different from other Texas marriage certificates, it might be counterfeit.
If you're still unsure about whether or not a specific Texas marriage certificate is fake, consult with a legal expert or a representative from the Texas Vital Statistics Office.
They're going to have a lot more experience than the average layman when it comes to determining whether the document is legitimate, and they’ll be able to provide guidance and verify the authenticity of the document.
Are you searching for more information about marriage and divorce in Texas? Make sure you check out our guides to family law in the Lonestar State:
For most regular folks, the idea of purposefully obtaining a fake Texas marriage certificate seems a bit odd. However, there are several reasons why someone might have fake marital documents.
One of the most common reasons for using a fake marriage certificate is to mislead immigration authorities. This could be part of an attempt to gain residency or citizenship through marriage when the actual legal marriage actually never took place.
Another reason someone might present a fake marriage certificate is to add a partner to an insurance policy.
This is particularly likely if a specific insurance policy offers benefits to spouses that are not available to unmarried couples.
Though less common than the above two reasons, another motivating factor for obtaining a fake marriage license in Texas has to do with claiming an inheritance.
For instance, some might use a fraudulent marriage certificate to claim inheritance or rights to a deceased partner’s estate, especially if there was no formal marriage but, instead, an informal (common law) marriage.
Married couples often receive benefits like tax breaks, housing allowances, or loan opportunities that single people or unmarried couples can’t take advantage of.
A fake marriage certificate might be used to illegitimately claim such financial advantages when a couple wants to benefit from the legal status of marriage without actually getting hitched.
Fake documents, including marriage certificates, can be used as part of schemes involving identity theft, misrepresentation, or other types of fraud.
Since marriage certificates are official documents that can be used to verify someone’s identity and other information, fraudulent certificates can be obtained as a part of a greater pattern of fraudulent activity.
When it comes to the legal aspects of marriage and divorce, knowledge is power. Here are some more resources for you to check out:
If you’re getting married, the last thing you want to do is get scammed into receiving an illegitimate marriage certificate. Luckily, there are some steps you can take to make sure you are going through the proper channels and obtaining official, non-fraudulent documentation.
In order to make sure you don’t fall prey to a marriage certificate scam, make sure you obtain your marriage certificate directly from the county clerk's office where your marriage was recorded.
This is the most reliable source for an authentic document and avoids many of the complicating factors that can crop up if you try to go another route.
If you are obtaining a marriage certificate through a third party, verify that they are a legitimate and authorized entity. This can usually be done by checking with the Texas Department of State Health Services or the specific county clerk's office.
While there are legitimate online services for obtaining official documents, there are also many scams and scammers out there.
Use only recognized, official websites for the State of Texas or the specific county and make sure you avoid services that seem overly fast or unusually cheap. If something seems too good to be true, it probably is!
In some instances, you might be motivated to try and move things forward faster than normal for one reason or another.
It’s important to recognize that scammers often pressure their victims to make fast decisions. Regardless of the reason for your hurry, it’s important to take your time, especially if you're feeling rushed or if something feels off.
If you encounter suspicious services or individuals offering marriage certificates, report them to the authorities, such as local law enforcement or the Texas Attorney General's Office.
This way, you can do your part to make sure that the scammers don’t continue causing issues for unknowing individuals and the authorities as well.
For most people, the idea of getting a fake Texas marriage certificate wouldn’t even cross their mind. However, some are driven to obtain fraudulent marriage documents for immigration reasons, insurance purposes, or other motivations.
Whether you’re trying to verify if a marriage certificate is legitimate or you want to make sure you don’t fall prey to a marriage license scam, the info in this article should help protect you and your interests.
Are you searching for more resources about divorce and marriage in Texas? If so, make sure you check out our Texas Family Law blog.
In Arizona, Arkansas, and Louisiana, couples are able to choose to get a covenant marriage rather than a standard marriage. Is there such thing as covenant marriage in Texas?
The short answer is: no. Though there have been attempts to enact covenant marriage in the Lone Star State, Arizona, Arkansas, and Louisiana remain the only U.S. states with covenant marriage laws on the books.
Let’s dive in and take a closer look at what exactly covenant marriage is and whether or not we can expect this type of marriage to be on the law books in Texas any time soon.
Covenant marriage is a legally distinct type of marriage available in three US states– Arizona, Arkansas, and Louisiana. In states where this type of marriage is available, covenant marriage requires couples to undergo premarital counseling and accept more limited grounds for divorce compared to a standard marriage.
There are a number of key features to a covenant marriage, which are:
While this might seem strange when you first encounter the idea of covenant marriage, people in favor of the practice argue that it helps promote lifelong commitment and reduce divorce rates overall.
On the other hand, critics of covenant marriage view it as overly restrictive. Essentially, they see it as making an already difficult situation even more painful for couples seeking to end their marriage.
In the states that offer covenant marriage, only a small fraction of couples have chosen this option over a standard marriage. The primary reason that couples choose to get a covenant marriage rather than a traditional marriage has to do with their religious beliefs.
Texas does not currently have a covenant marriage law. Attempts have been made to introduce such a law, but it hasn’t been passed by the Texas legislature.
For instance, William “Bill” Zedler introduced a bill in 2007 with the express purpose of creating covenant marriage in Texas. However, it didn’t pass and Texas remains with the majority of US states that doesn’t allow covenant marriage.
The concept of covenant marriage has deep roots in biblical teachings. In particular, this form of marriage stems from the idea of marriage as a sacred, lifelong covenant between a couple and God.
In our modern times, the covenant marriage movement emerged during the 20th century, aiming to strengthen marriage and reduce divorce rates by legally requiring premarital counseling and limiting the grounds for divorce.
In the states that offer covenant marriage, only a very small fraction of couples have chosen to go this route rather than pursue a traditional, standard marriage. For example, in Louisiana between 2000-2010, only around 1% of couples that decided to tie the knot chose a covenant marriage, while 99% opted for a standard marriage.
The procedure for entering a covenant marriage can vary slightly depending on the state, as only a few states in the United States offer covenant marriage as an option.
In general, though, the process typically includes several key steps designed to underscore the commitment being made and to prepare the couple for a long and lasting marriage. Let’s look at some of the standard components of getting a covenant marriage in the states where such a union is allowed under law.
In order to get a covenant marriage, couples must undergo pre-marital counseling from a qualified counselor or religious authority.
The counseling is intended to ensure that both parties understand the nature and purpose of marriage, the importance of commitment, and how to manage conflict. As a part of this step in the process, the counselor must provide a signed affidavit stating that the counseling has occurred, covering the topics required by law.
Another essential aspect of a covenant marriage is that couples must sign a declaration of intent or something known as a covenant agreement.
This declaration typically includes statements in which both people affirm their commitment to making the marriage lifelong. Additionally, they state their intention to seek counseling if problems do end up developing and their understanding that seeking a divorce can only be based on limited, specified grounds.
When applying for a marriage license, the couple must present the signed affidavit from their pre-marital counseling session. Furthermore, they have to submit their declaration of intent to enter into a covenant marriage.
In general, the marriage ceremony itself does not differ significantly from that of traditional marriages. However, the couple typically needs to declare their choice of a covenant marriage in their vows, where they acknowledge the special commitment they are making.
Looking for more information about marriage and divorce in Texas? Check out some of our guides:
Covenant marriage differs from traditional marriage in three main ways: primarily in the aspects of entering the marriage, the grounds for divorce, and the processes involved in seeking a divorce or separation.
A covenant marriage requires pre-marital counseling to ensure both parties understand the commitment they are making. Additionally, couples must also sign a declaration of intent that outlines their commitment to marriage as a lifelong union and agree to seek marital counseling if problems arise.
On the other hand, traditional marriage doesn’t require pre-marital counseling or a declaration of intent. Entering a traditional marriage is generally simpler and involves fewer legal stipulations.
There are limited grounds for divorce in a covenant marriage. Grounds might include adultery, conviction of a felony, abandonment, physical or sexual abuse, or long-term separation, among others specified by law.
In traditional marriages, the grounds for divorce are broader and can include irreconcilable differences or incompatibility, allowing for "no-fault" divorces where neither party is required to prove wrongdoing by the other.
Dissolving a covenant marriage is different than dissolving a traditional marriage. The former typically involves a mandatory waiting period that is longer than that for traditional marriages. The couple may also be required to undergo counseling before a divorce is granted, with the intention of encouraging reconciliation and working through problems.
In terms of the former, covenant marriage implies a deeper philosophical commitment to marriage as a lifelong union. It's designed for couples who want to explicitly express their intent to work through marital challenges and view divorce as a last resort.
When it comes to the public and legal recognition of the marriage, covenant marriage is only recognized in a small handful of states. Traditional marriage, on the other hand, is universally recognized and treated the same across all states, with consistent laws governing the entry into and dissolution of marriage.
Texas does not currently have a covenant marriage law.
Attempts have been made to introduce such a law, but it has not been passed by the Texas legislature. The key features of a covenant marriage, as seen in the states that do offer it (Arizona, Arkansas, and Louisiana), are:
Most people don’t have much interaction with the legal system except when it comes to marriage, divorce, and other family laws. Whether you’re getting ready to tie the knot or you’re considering dissolving your marriage, having access to the right information is key.
Are you looking for more resources to help you navigate family law in Texas? If so, make sure you check out our Texas Divorce Laws blog.
More commonly known as divorce, the dissolution of marriage in Texas is a major life event because of its financial, emotional, and legal implications. At the same time, tens of thousands of couples choose to go through the process every year in Texas.
Whether you and your spouse are dealing with a communication breakdown, infidelity, financial issues, or are simply incompatible, learning how to end your marriage is the first step in starting your life anew.
In this article, we’re going to take a closer look at the steps involved in divorce and the choices you’ll need to make along the way.
The term "dissolution of marriage" is a legal term used to describe the process of formally ending a marriage, also known as divorce. This process legally dissolves the bonds of matrimony between a married couple.
A number of key issues are addressed during the process of marriage dissolution. These include:
Each state has its own laws that govern marriage and divorce, meaning that the process can vary depending on where you’re filing for divorce.
Furthermore, what the process consists of is also influenced by a number of factors, including:
There are a number of ways that a marriage can be dissolved in Texas. The fastest, cheapest, and simplest way to get divorced is through mutual agreement. However, divorce can also result from mediation, collaborative divorce, or court proceedings.
If you know it’s time for a fresh start, how do you go about dissolving your marriage in Texas?
Here are the steps you’ll need to take to get a divorce in the Lone Star State.
To initiate the divorce process in Texas, the first step is to fill out an Original Petition for Divorce.
This document outlines your wishes regarding the division of property, child custody, and other relevant matters. It's crucial to provide accurate and detailed information from the get-go here to make sure you don’t run into any issues as the rest of the process unfolds.
Once completed, you can then file the petition with the district clerk's office in the county where you or your spouse reside.
It's important to ensure you meet Texas's residency requirements, which are:
When you go to file your paperwork, you’ll need to pay a filing fee that varies by county. This fee is usually a few hundred dollars, but you can apply for a waiver if you aren’t able to afford it.
As a part of your divorce petition, you’ll choose whether you are filing for a fault-based or no-fault divorce. A fault-based divorce means that you are placing the blame on your spouse for the breakdown of the marriage, while a no-fault divorce means that neither party isn’t being pinned as the one that’s responsible for the divorce.
After filing the divorce petition, you must legally notify your spouse, referred to as "service of process."
This can be done through a private process server, sheriff, or certified mail.
Your spouse has a set period to respond once they receive the documents in what is referred to as their “Answer.” If they agree with the petition's contents, the process may proceed uncontested, and divorce can ultimately be pretty straightforward. If they disagree, they will file an answer, leading to a contested divorce, which involves more detailed legal proceedings (and, usually, more money.)
Whether your divorce is contested or uncontested, you'll need to complete a Final Decree of Divorce.
This document outlines the final terms of your divorce, including asset division, child custody, and support arrangements. In an uncontested divorce, both spouses work together to agree on the terms before filing the decree with the court. In a contested case, the decree reflects the judge's decisions following a court hearing or trial.
Though we can’t always get what we want in life, it really is ideal to get an uncontested divorce if at all possible. Going this route is generally less expensive, and less stressful than a contested divorce. At the same time, it’s not suitable for everyone.
Here are some of the elements you’ll want to look for to determine whether you’re a good candidate for an uncontested divorce:
If your divorce is uncontested, a hearing will most likely be a brief formality where the judge reviews and approves your Final Decree of Divorce. If you and your spouse agree on everything and the judge sees the agreement as fair and just, the hearing will, in all likelihood, be very straightforward.
In contested cases, on the other hand, the hearing is part of the trial process where both parties present their arguments, evidence, and witness testimonies. You should attend all scheduled hearings and be prepared to discuss your case. Don’t forget to wear appropriate court attire!
During a contested, litigated case, the judge will hear both sides of the story and make decisions based on the information presented and the best interests of any involved children.
After the judge signs the Final Decree of Divorce, your divorce is complete.
In Texas, however, there is a mandatory waiting period of 60 days from the date you filed the petition before the divorce can be finalized. This means that a judge can’t sign the Final Decree of Divorce until the waiting period has fully played out.
Once this period passes and all court requirements are met, the divorce is official. At the same time, your work isn’t done. You’ll need to obtain certified copies of the final decree for your records and to update any relevant legal documents, such as your name or marital status on IDs and financial accounts.
How much it costs to dissolve your marriage in Texas depends on a number of different factors. Essentially, it can cost anywhere from a few hundred dollars to tens of thousands of dollars. The circumstances of your marriage and the choices you and your spouse make during the divorce process will determine where your costs fall on this spectrum.
Some of the factors that influence the cost of divorce in Texas include:
Getting a divorce is one of the most stressful things anyone can go through. The dissolution of a marriage is emotionally and financially taxing, to say the least. At the same time, the more you know about the legal process, the better able you’ll be to make decisions that best serve you and your entire family.
Are you looking for more resources to help you navigate divorce in the Lone Star State? Make sure you check out our Texas Divorce Laws blog for more articles and guides!
In Texas, a couple can be informally married without getting a marriage license or ever walking down the aisle. Individuals that live with their partner but aren’t technically married can create cohabitation agreements in order to outline agreed-upon terms regarding finances and other matters.
What exactly is a cohabitation agreement, though? What issues can this legal document cover, and what benefits could it provide for you? Is the only reason to make a cohabitation agreement in anticipation that your relationship will end?
In this article, we’ll take a close look at what you need to know about cohabitation agreements as well as go over the basics of common law marriage in Texas.
In the state of Texas, a cohabitation agreement is a legal document used by couples who live together but are not married. This contract outlines the rights and responsibilities of each person regarding their shared or individual assets, debts, and financial obligations.
While cohabitation agreements are more commonly associated with unmarried couples, they actually can be used by any two people living together, such as friends or relatives.
This type of document can even outline terms for spousal support, just like a prenup.
Cohabitation agreements don’t just cover what will happen if two individuals part ways. This is also an important document that can help protect both parties in lieu of being legally married.
For example, it can be difficult for one partner to be given the legal authority to make choices on their partner’s behalf if they aren’t legally married. With a cohabitation agreement, however, the rights of the couple to act for one another are protected.
These agreements can also appoint critical roles within the relationship. For instance, one party might be elected as the conservator of their partner in the event of an emergency.
A cohabitation agreement can cover a variety of topics related to the financial and property arrangements between the parties involved. Let's take a closer look at some of the specific issues you might want to include in yours.
Are you looking for more info about family law in Texas? Check out these guides:
Property Division
A cohabitation agreement can specify what happens to property acquired before and during the cohabitation. This means that this document can describe, in detail, how things like real estate, vehicles, furniture, and other possessions will be divvied up.
It can also define which assets are considered individual property and which are considered joint property, and outline how joint property should be divided in the event of a breakup.
Financial Arrangements
Even if you never got a marriage license and walked down the aisle, living with someone as if you’re married typically means that your finances are very combined.
Through a cohabitation agreement, you can discuss details on how household expenses, bills, and debts will be shared or divided. This may cover rent or mortgage payments, utilities, groceries, and credit card debts, among others. The agreement can also outline whether and how one party will support the other financially during or after the relationship.
Basically, it’s a way to create a structured financial plan with your partner and put it in writing. This is a great way to ensure you and your significant other are on the same page and working toward the same financial goals with a shared understanding.
Debt Liability
Of course, when you’re talking about money, you’re not just talking about how to divide up all the stuff you have. It’s also necessary to discuss what will happen to all the money you owe.
Whether the debt on your table comes in the form of a mortgage, car loan, medical debt, credit card debt, student loans, or some combination of the above, you’ll have to determine who is responsible for what both during and after the relationship. The agreement can state whether each person is responsible for their own debts or if they will share responsibility for certain debts.
Children
While child custody and support cannot be determined by a cohabitation agreement (as these are subject to state laws and courts), the document can include arrangements for any children from the relationship, such as how parents will handle expenses and savings for the child's needs.
It’s generally advised to work with a lawyer when creating a cohabitation agreement, but whether or not this is necessary can depend on how complex your situation is. However, if there are children involved in the relationship and you are going to touch upon these issues in the document, you’ll most certainly want to seek the advice of an experienced family law attorney.
Healthcare and Estate Planning
Another topic that you can touch upon in your cohabitation agreement has to do with healthcare and estate planning.
For example, this document could include directives regarding medical decisions in the event that one person becomes incapacitated. They can also outline what you and your partner have in terms of estate planning wishes, such as detailing beneficiary designations and inheritance rights.
The verbiage of the contract, in addition to the issues that are addressed, will be key when it comes to whether or not a cohabitation agreement is considered valid. For instance, if there is a clear agreement between two people that has to do with financial matters such as mortgage payments or rent, the matter could potentially be enforced in court.
The issue is that sometimes, the matters outlined in the contract are less quantifiable than simple financial agreements. In these instances, it can be more difficult to enforce the agreement in court.
In Texas, common law marriage, also known as informal marriage, is recognized as a legal form of marriage. In the eyes of the law, it is considered valid, just like a traditional marriage that is based on a marriage license and ceremony.
There are three key points that underlie what it means to be informally married in Texas. These are:
If a couple meets these requirements, they are considered married under Texas law. However, unlike a formal marriage, there is no marriage certificate to easily prove the relationship's existence.
While this might not be a problem on a day to day basis, not being able to prove the existence of the relationship can be a big problem in the event of a divorce, medical emergency, or any issues of inheritance or the estate. In this situation where the existence of the marriage might be disputed, either partner (or their heirs) might need to prove the existence of a common law marriage through evidence and testimony.
Creating a cohabitation agreement when you live with your partner but aren’t married to them is a great way to protect both of you. Not only will it create a clear record of how you want to divide up property and debts if you were to split up, but it also allows you more control over your estate and issues of inheritance.
Furthermore, common law marriages are only recognized if three conditions are met. The couple must agree to be married, live together, and represent to others that they are married. Depending on how you structure the document and the content of it, a cohabitation agreement can help prove the existence of the marriage down the road if you find that to be necessary.
Are you searching for more information about family law in the Lone Star State? Make sure you check out our Texas Divorce Law blog for more articles and resources!
Are you getting married and interested in changing your last name? In this article, we’re going to look at everything you need to know about a name change after marriage in Texas.
The short story is that you can change your name as a part of the marriage process fairly simply. However, you can only select certain types of names– you can’t use this as an opportunity to pick an entirely new last name.
For anything more complicated than taking your spouse’s name or combining your last names through hyphenation, you’ll need to get a court order.
If you’re getting married, you don’t have to apply for a court order to change your name. According to the Texas State Law Library, most organizations will accept your marriage license as a legally valid proof of your new name, even if your old name listed on the license.
While changing your name is fairly easy in Texas when you’re getting married, there are only certain types of names you can choose as a part of marriage. Name changes on Texas IDs such as driver’s licenses are governed by Texas Administrative Code (TAC) Title 37, Rule 15.23.
If you’re getting married, you don’t need a court order to change your name so long as you are:
If you want to get a different last name or change your first name, you’re likely going to need to get a court order for the switch. For example, you’ll need a court order if you want to do any of the following:
If you need to get certified copies of your marriage license, you will need to contact the county clerk's office where you initially filed your license.
There aren’t any laws on the books in Texas that specifically address changing your name after an informal marriage.
Changing your name isn’t always the most straightforward process. Here are some other frequently asked questions about making alterations to your first, middle, or last name in Texas, as well as your children’s names.
If you’re getting divorced, you can take this opportunity to restore your maiden name.
At the same time, it’s important to understand that this isn’t something that happens automatically. If you get divorced, your last name doesn’t switch back to your maiden name without any action on your part.
Instead, you’ll need to request or agree to change your name as a part of your divorce answer, waiver, or petition. Through this process, you won’t have the option to pick a new last name. Instead, you can only revert to your previous last name.
You will be able to use a copy of the divorce decree to prove that you have reverted back to your maiden name, as it will list your restored name right on the document. Once you have this in hand, you can go about changing your name on all of your other official IDs and accounts.
Yes, you can change your name even if you’re not getting divorced but are already married or are single.
If you’re just trying to make small changes to your middle name or your first name, you’ll need to obtain your marriage license and apply through the Texas Bureau of Vital Statistics. If you’re interested in changing your last name, however, you’ll need to pursue a court order.
You’ll need to be at least 18 to file a petition for a name change in Texas. Other requirements include:
Regarding this last qualification, it might seem a little strange to hear that your name change needs to be in the public interest. What this refers to, however, is an example, such as changing your name in order to avoid creditors. In that instance, you wouldn’t qualify for a name change.
If you aren’t getting divorced or married, or you’re interested in changing your last name to something other than your maiden name or your spouse’s name, you’ll need to file a petition with the court.
Here are the steps one by one:
You are able to change your name if you’ve been convicted of a crime. However, you’ll need to fulfill more qualifications than someone who hasn’t been convicted of a crime.
For felons, there are additional requirements. These include:
You need to contact the Texas Bureau of Vital Statistics to make small changes to your child's first or middle name. However, court orders are required to change a child’s last name.
Here are some things you’ll need to know if you want to change your kids’ last names:
If you’re getting married in Texas, you can change your name as a part of the process if you choose your spouse’s last name or hyphenate your two last names. Additionally, you can change your middle name to your maiden name at the same time you adopt your spouse’s last name.
For anything more complicated than that, you’re going to need a court order. Similarly, you’ll need a court order to change your kids’ last names.
Looking for help navigating the family courts in Texas? Make sure you check out our Texas Divorce Laws blog for more articles and resources!
There are a lot of reasons why a couple might not want to get formally married, but there are also compelling legal and financial benefits to being married on paper. In this article, we’re going to take a look at everything you need to know about informal marriage in Texas.
Here’s the short story, though.
In order to be married in the eyes of the law without going through the typical avenues, couples need to be able to prove that they meet certain criteria.
Whether you’re considering beginning an informal marriage, wondering how dissolving a common law marriage works, or just curious to learn more about family law in Texas, this guide will go over all of the basics you need to know.
Informal marriage, also known as a common law marriage, is a recognized legal status where a couple is considered married without formally registering their marriage through a ceremony or obtaining a marriage license.
To prove an informal marriage in Texas, the couple must meet specific criteria. An individual and their partner need to be able to show that they:
If you and your significant other agree to be married informally, you can sign a specific document known as the Declaration of Informal Marriage and file it with the county clerk in your Texas county.
This declaration serves as valid and legitimate proof that you and your partner are married in the eyes of the law. Essentially, you and your significant other can be married for all legal purposes by signing and filing this declaration.
Are you looking for more info about family law in Texas? Check out these guides:
Texas Divorce Forms: The Legal Forms You’ll Need to File for Divorce
Does Texas Have a 'Waiting Period' Before a Divorce is Finalized?
Texas Divorce Statistics: 9 Surprising Stats About Divorce in Texas
Texas law states that couples can legally and validly get married by providing evidence of the following:
When you and your partner aren’t interested in getting married through the traditional avenues, you might be wondering why you would bother signing a declaration and filing it with the county.
The truth is, though, that this is more than “just a piece of paper.” There are a number of scenarios you could find yourself in where you might need to prove that you and your partner were in a common-law marriage.
These include:
Proving that you agreed to be married and represented yourselves as married in an informal marriage in Texas isn't something that hinges on one particular fact.
Courts can look at each particular circumstance and infer an agreement to be married and represent yourselves as married to others through proof such as the following:
If you and your partner separate but neither of you takes any action to put an end to the union for two years legally, the legal presumption is that the two of you never actually had the intention to be married.
Essentially, it is prudent to go through the process of legally ending an informal marriage if you and your partner are splitting up. Otherwise, it becomes much more difficult to prove that the marriage ever actually existed. This can have implications for issues of divorce as well as inheritance.
Dissolving an informal marriage in Texas follows a process similar to that of dissolving a formal marriage.
What this means is that you’ll need to file for divorce if you want to end a common-law marriage in Texas. If you don’t file this paperwork before two years have gone by since your separation, however, Texas law presumes that the marriage didn’t ever exist in the first place unless you can prove to them otherwise.
Many people mistakenly believe that a couple will automatically be “common law married” if they are living together for a certain number of years. This actually isn’t the case at all. There isn’t a magic number of years you can be together under one roof and be seen as married in the eyes of the law.
In order to be seen as married in Texas without getting a marriage certificate and performing a ceremony, you must:
A valid common-law marriage requires that all three of these conditions are met. Both parties also have to be at least eighteen, not currently married, and not related to one another. They must both have the mental capacity to agree to the marriage.
If you cannot prove that you are informally married, it means you won’t be able to get a divorce, as the court presumes the marriage never existed. This can have an implication on a number of issues, including property division in the case of separation.
Whether you are wondering about inheritance issues in a common law marriage or concerned about dissolving one, understanding the basics of informal marriage in Texas can help ensure that you receive the legal treatment you deserve as a part of a married couple.
There are lots of different reasons why a couple might choose to get married informally. Even though it might seem like an unnecessary step to file a declaration with the county, doing so can help protect both of your interests down the road.
Are you looking for more information about family law in Texas? Make sure you check out the rest of our Texas Divorce Laws blog!
When you’re getting divorced, one of the biggest questions on your mind is going to be how this will affect your finances. If you have children with your spouse, you might be wondering: is child support mandatory under Texas law?
The short answer is: not exactly.
It is technically possible for parents to agree to no child support. However, this agreement isn’t legally binding unless a judge signs off on it, and the court might choose to issue child support orders regardless of the agreement made by the parents.
In this article, we’re going to take a look at the laws surrounding child support and the more specific details about how and why a court might allow parents to forgo child support.
It is very common for child support orders to be put in place as a part of divorce in Texas. That being said, it isn’t mandatory.
It’s essential to understand that the best interest of the child is always the guiding factor for the courts. In order to protect the well-being of the child, a judge ultimately has the final say over whether or not a child support order will be put in place.
There are child support guidelines in the state of Texas that intend to help courts determine how much child support should be paid in a particular case. Parents are more than welcome to come to an agreement that involves paying a higher sum than is outlined in the guidelines. However, a judge is going to be much more stringent when looking at an agreement that involves an amount that is lower than the guidelines or that states that no child support will be paid.
Parties are allowed, under Texas Family Code 154.124, to put an agreement in writing that has to do with child support payments. A court will look at the agreement and can choose to order child support regardless of the agreement. The reason for this is that they must act in the best interest of the child.
Yes, parents in Texas can agree to no child support after divorce, but such an agreement must be approved by the court to be legally binding.
Even if the parents mutually agree to forgo child support payments, the court will still need to ensure that the arrangement is in the best interests of the child. The court will consider various factors before approving the agreement, including the financial circumstances of both parents, the child's needs, and whether the agreement is ‘just and right.’
It’s definitely a good idea to consult with an attorney if you want to forgo child support in Texas to ensure that their agreement complies with Texas laws and is properly documented and presented to the court for approval.
Parents might want to avoid child support orders for a number of reasons. These include:
In Texas, courts prioritize the best interests of the child when making decisions regarding child support. While it's possible for parents to come to an agreement regarding child support that does not involve payments from one parent to the other, it's ultimately up to the court to approve such an arrangement.
Several factors may influence whether a court agrees to no child support after divorce in Texas:
Now that we’ve looked at whether child support is mandatory in Texas let’s take a look at some of the nuts and bolts of how child support works in the Lone Star State.
In Texas, the parent who does not have primary custody of the child typically pays child support to the parent with primary custody. This is often referred to as the "noncustodial parent" paying child support to the "custodial parent."
The amount of child support is determined based on factors such as the income of both parents, the number of children involved, and any special needs of the children. Texas has specific guidelines outlined in the Texas Family Code, as mentioned above, that courts use to calculate child support payments.
All that being said, it's important to note that child support is intended to contribute to the financial support of the child, and both parents are generally responsible for providing for the child's needs, regardless of custody arrangements.
There are two primary factors that influence how much child support is owed according to the guidelines in Texas.
These are:
Here is the basic outline of the guidelines for child support in Texas, referring to the percentage of the noncustodial parents net monthly income:
In Texas, child support payments are made through the Child Support Division of the Office of the Attorney General (OAG).
There are a number of ways that child support payments can be made, including:
Child support isn’t exactly mandatory in Texas after divorce. However, it’s important to understand that it’s not necessarily as easy as coming to an agreement with your spouse that states neither of you are interested in giving or receiving support payments.
The reason for this is that a judge will have to sign off on the agreement in order for it to be legally binding. The issue of child support focuses on supporting the well-being and best interest of the child. For this reason, a judge can choose to issue child support orders regardless of the agreement made between two parents.
Are you navigating the family court system in Texas? Make sure you check out our Texas family law blog for more articles, insights, and resources.
Child support exists in order to make sure that both parents are contributing financially to a child’s upbringing. A court order can result in child support in a number of different types of court cases, including divorce, child custody cases, and paternity cases. In this article, we’re going to look at how to apply for child support under Texas law.
If you want the short story, there are basically two ways to directly apply for child support in Texas. The first is to create an account online and apply through the Texas Office of the Attorney General website. The second is to request a physical application over the phone, which will then be sent to you through the mail.
Let’s take a closer look at what you need to know about the application process and child support laws in general.
There are two different ways you can apply for child support in Texas:
As a part of your application, you will need to provide specific information about you, the other parent, and your child or children. Some of the types of info you’ll probably need to have ready when applying include:
In order to apply online, you’ll need to start your application on the Texas Office of the Attorney General website. This requires that you create an online account, which allows you to:
Creating an account involves giving the following information:
If you already have an online profile, you can log in to your existing account to start the application process.
If you want to apply by mail, you can call the Child Support Division at (800) 252-8014.
They will then send you a physical application in the mail. It’s worth noting that going this route will take longer than applying online.
Child support in Texas exists to ensure that children are financially supported by both of their parents.
These payments can go toward a variety of costs, including:
For more information about the basics of child support in Texas, check out these guides:
It is common in custody arrangements for a child to primarily live with one parent. When a child resides with one parent more than the other, the parent they live with is known as the “custodial” parent.
The other parent, known as the “non-custodial” parent, will typically have visitation rights. The non-custodial payment is the one who makes payments (and is sometimes referred to as the “obligor.”)
Are you wondering what your life will look like after divorce as a stay-at-home mom? Check out our list of seven things you’ll want to know.
As discussed above, the parent that a child lives with most of the time is known as the custodial parent. They receive child support payments from the non-custodial parent. Those that receive payments as the custodial parent are known as the “obligee.”)
Are you entering a divorce and you’re wondering who will end up being the custodial parent? Make sure you check out our guide to who gets the kids after the divorce in Texas.
In most cases, child support lasts until a child turns eighteen or until they graduate from high school, whichever occurs later.
However, child support can continue on as long as the child requires it if the child has a disability. Furthermore, parents who owe back child support need to pay what they owe in full regardless of whether the child has turned eighteen or graduated from high school. People who end their parental rights still have to pay what they owe in back child support.
Child support orders can be a part of a number of different types of court cases.
These include:
If you need to get a child support order, you may choose to file the application yourself or hire a lawyer. When you work with an attorney, there is the benefit of having a legal professional advocate for you during your hearing and keep you informed of your rights.
If your case is contested but you are worried about the cost of hiring a lawyer, you can also contact the Child Support Division of the Office of the Attorney General (OAG). While they are able to go to court in order to pursue child custody, support, and visitation orders, they don’t represent you in the same way an attorney would.
Are you a father involved in a divorce or a custody case? Make sure you take a look at our post about a father’s rights in Texas after a divorce.
You will want to contact the Child Support Division of the Office of the Attorney General if the noncustodial parent hasn’t been making their payments. Once you have gotten in touch with the office, you’ll be able to learn more about how to file an enforcement action.
In some cases, you might not want to involve the Office of the Attorney General or wait for them to take action. You are able to enforce child support orders without going through the OAG and instead file your own enforcement case, but it’s generally advised to go through the OAG.
In Texas, there are two primary legal processes that deal with setting up, changing, and enforcing court orders having to do with child support as well as medical and dental support.
The first of these is the Child Support Review Process (CSRP,) which is an administrative process that usually takes place at a local office of the Child Support Division. During this process, it's common for a Child Support Officer (CSO) as well as both parties to be present. In most cases, this meeting will last about an hour to an hour and a half.
If both parents can come to an agreement regarding the issues addressed in the meeting, a judge will receive the order and sign it. If an agreement can’t be reached, the process will move onto the second primary legal process: the court process.
These are:
If you and the other parent are able to reach an agreement about child support, you do not necessarily need to hire a lawyer. When both parties are in full agreement regarding the terms, your case is uncontested and can often be navigated without the help of a legal professional.
On the other hand, though, you will most likely want to do one of the following if your case is contested:
The process of applying for child support can feel pretty overwhelming. Afterall, the outcome will determine the type of financial support that will be going to your child for years to come. Luckily, the Office of the Attorney General in Texas makes it easy to apply for child support online while also allowing you to apply by mail if that’s preferable.
No matter what type of legal issue you’re dealing with in Texas, knowledge is power. The more you know about the laws surrounding the matter at hand and what to expect from the process, the better prepared you can be and the better outcome you can work toward.
Are you searching for more resources to help you navigate family law issues in Texas? Make sure you check out our Texas family laws blog!
