Full question:
We have been separated for 2 years and 3 months. I live in Texas and he lives in Idaho, with his parents. Is there anything different that I need to do, since he lives in another state. We were married by a preacher but did not file a marriage license. We have lived as husband and wife in several states. Do we need to get a divorce, since a license was never filed?
- Category: Divorce
- Date:
- State: Texas
Answer:
In Texas, you can prove an informal marriage without a filed marriage license. According to Texas law, a marriage can be established if: (1) a declaration of marriage is signed, or (2) both parties agreed to be married, lived together as husband and wife, and represented themselves as married to others.
If you are trying to prove your marriage based on living together, note that if you do not start a legal proceeding within two years after separating, it may be presumed that you did not enter into a marriage agreement (Tex. Fam. Code § 2.401).
Since you have been separated for over two years, you may want to consider legal advice to determine if you need to file for divorce or if your informal marriage can be recognized.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.