My wife and I have a informal marriage certificate from the county clerks office. The insurance company does not have a problem with it but the company I work for states it is in their corporate charter that they do not honor common law marriages. I live in Texas. I explained that we are married and have the same rights as a formally married couple. Is this correct? Can they discriminate against us because of how we got married?
No. Your marriage is as valid as any other. I got married this way in August & it's not ever been a problem.
Their attorney needs to read the Texas Family Code regarding your marriage.
If you guys split it, you will have to file for a divorce -- like any other married couple. You cannot terminate your marriage without a divorce because the State of Texas considers you married.
I hope this helps.
Fran Brochstein has been a licensed Texas attorney over 22 years. She is a Advanced Credentialed Mediator by the Texas Mediator Credentialing Association. Fran enjoys educating people about Texas laws and mediation -- her motto is "knowledge is power". She has a full-time family law mediation practice in the Houston area. She is also trained n elder law mediation. If you need a consultation and mention that you saw this on www.avvo.com - Fran will give you a discounted rate of $175/hour -- her usual hourly rate is $300/hour. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Fran's reply to your question in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem. You can contact her at 713-805-9591 - 7 days a week on her personal cell phone.
I agree with Ms. Brochstein's response. However, I believe that this is the second post by you on this issue. If you have explained these facts to the employer and they refuse to provide whatever you seek (insurance???), you need to consult with an attorney to consider your options.
My response herein is an attempt to give you general information and direction and is not intended to constitute an attorney-client relationship as perceived by state law.
It's as valid as any other marriage.
Platten Law Office
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