Are you pondering your relationship status and wondering, ‘Am I Married? – Marital Status in Texas’? You’re not alone! This introductory guide will shed light on the unique aspects of marital status in the Lone Star State, helping you clarify your situation and understand the nuances of Texas law. Let’s get straight to the facts and figure out exactly where you stand!

The big question

Am I Married? – Marital Status in Texas. Seems like a simple question, right? Sometimes however the answer to this question is not always easy. Recently wrote an article “Common Law Marriage and Texas Divorce Guide.”

Am I Married? – Marital Status in Texas. Seems straightforward, right? However, the answer to this question isn’t always simple. I recently wrote an article titled “Common Law Marriage and Texas Divorce Guide.”

We will explore common law marriage further but also tackle other instances where the answer to Am I Married? – Marital Status in Texas might not be straightforward.

Void and Voidable Marriage: Am I Married? – Marital Status in Texas.

A void marriage is a marriage that never existed. A voidable exists until the courts have annulled it.

Void

Two ways that a marriage is void in Texas are:

1. Where one party is already married to a different person.
2. The other is under Texas Family Code 6.201 in which the parties are too closely related to each other.

Annulment

The statutory grounds for annulling a marriage in Texas include:

1. Marriage Under the Age of 14;
2. Marriage Under the Age of 18;
3. Under Influence of Alcohol or Drugs;
4. Fraud & Duress;
5. Impotency;
6. Mental Incapacity;
7. Concealment—one of the spouses hid something significant from the other;

Voidable – 30 Day Waiting Period

Not all states do not require a divorced person to wait before remarrying, Texas does have a 30 day waiting period after a divorce.

If someone decides not to wait the entire thirty day period and remarries too early, the new marriage is “voidable” and may be challenged for a period of time. Thus the question of Am I Married? – Marital Status in Texas is clear.

Bigamy

Bigamy in Texas dictates that an adult can only be legally married to one person at a time, rendering all subsequent marriages void while the first remains valid. The Texas Family Code affirms that the first marriage stands as the only valid one. Therefore, any marriage entered into after the first, while it still exists, is void by law.

The consequence of remaining in a relationship while an earlier marriage is still valid means:

1. you will not have any of the rights or duties to the spouse so long as the earlier marriage is valid.
2. That means no spousal privilege, no tax benefits for filing as a married couple, no statutory authority to make life-and-death decisions and no right to death benefits.
3. Instead, legal spouse will retain those rights.

A void marriage can become valid if the first marriage ends through death or divorce, provided the parties to the second marriage present themselves as married and cohabitate. This situation results in a common law marriage, starting from the date the preceding marriage ended.

“Am I Married? – Marital Status in Texas” introduces the concept of a “Putative Marriage,” where one spouse enters the marriage in good faith, not knowing an unknown legal barrier renders the marriage invalid.

Texas courts use the “putative marriage doctrine” to prevent injustice when a marriage, believed valid by one or both parties, turns out void. The most frequent barrier is a prior marriage of one of the parties.

Texas case law suggests that the most common impediment is the existence of a prior marriage of one party to a third party.

Putative marriage exists most commonly arises in two circumstances:

1. as a result of a divorce proceeding where one spouse challenges the validity of the marriage; and
2. as a result of the death of a spouse where a putative spouse and a legal spouse claim survivorship rights in the estate of the decedent.

As such the doctrine works as a protective mechanism for innocent persons. This doctrine serves as a safeguard for those unaware of the marriage’s invalidity, granting the innocent party certain property rights created during the partnership, though not legitimizing the marriage itself.

A putative spouse has all the rights

Incidents and privileges pertaining to a legally valid marriage, including the right to an equitable division of all property acquired during the relationship in:

1. a suit for divorce or
2. in a suit to declare a marriage void.

Palimony

Palimony is not a legal concept. The Texas Family Code does not recognize “palimony,” indicating no rights under this code for cohabitating partners without a valid marriage.

The Texas Family Code does not provide for “palimony.”

This means you cannot gain rights under the Texas Family Code because you lived with someone absent a valid marriage.

However, drafting an agreement can provide some benefits typically associated with a valid marriage and answer your question: Am I Married? – Marital Status in Texas.

The Texas Business Code

Allows parties to enter agreements in consideration of “nonmarital conjugal cohabitation”. To be enforceable, these contracts or agreements must be:

1. in writing and
2. signed by those who are affected by the agreement.

The Texas Legislature enacted this provision specifically to reduce the influx of palimony cases into the family courts.

Aspect	Details
Texas Family Code on ‘Palimony’	Does not provide for “palimony.” Rights cannot be gained under the Texas Family Code due to cohabitation without a valid marriage.
Alternative Agreements	Possible to draft agreements for some benefits of a valid marriage. Answers the question “Am I Married?” regarding marital status in Texas.
Texas Business Code on Nonmarital Agreements	Allows agreements in consideration of “nonmarital conjugal cohabitation.”
Requirements for Enforceability	Agreements must be in writing and signed by the affected parties.
Legislative Intent	Enacted to reduce the number of palimony cases in family courts.

Same Sex Marriage: Am I Married? – Marital Status in Texas.

On June 26, 2015 the United States Supreme Court issued its ruling in Obergefell v. Hodges, legalizing same-sex marriage in every state of the Union. As I have discussed in other articles Texas is a common-law marriage state.

One of the big questions among Texas Family Law attorneys since the Obergefell v. Hodges ruling is:

“What does this mean for same-sex couples who met statutory requirements before the legalization of same-sex marriage in Texas?”

When I attended the Advanced Family Law Conference in 2016, this emerged as one of the significant questions. However, everyone agreed at the time that no case law existed to guide us. We hoped that the Texas Supreme Court would clarify matters once it ruled on some pending cases.

Common Law Marriage

In Texas, a common law marriage comes into existence when:

1. a man and woman agree to marry;
2. after agreeing to marry, the spouses live together as husband and wife in Texas; and
3. the spouses present themselves as married to the public.

Living together or having children does not automatically establish a common law marriage. Thus, the question “Am I Married? – Marital Status in Texas” should also become clear. Evaluating the facts and circumstances of each case is essential to determine the existence of a common-law marriage. You can read more about this topic in our article “Common Law Marriage and Texas Divorce Guide.”

Other Articles you may be interested in:

1. Non-Marital Conjugal Cohabitation Agreements for the Unmarried Couple in Texas
2. How to get a Common Law Divorce in Spring, Texas
3. Common Law Marriage and Texas Divorce Guide
4. Can I sue my spouse’s mistress in Texas?
5. When is, Cheating Considered Adultery in a Texas Divorce?
6. Sex, Lies, Rock-and-roll, and Adultery in a Texas Divorce
7. When is, Cheating Considered Adultery in a Texas Divorce?
8. Can I Sue My Spouse for Mental Abuse in My Texas Divorce?
9. 6 things You Need to Know Before You File for Divorce in Texas
10. Divorce when economic times are tough

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