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Scott Milner

Scott Milner’s Answers

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  • I have a question. What if me and my boyfriend signed a declaration of informal marriage, but were never married.

    We never lived together and still don't. We never presented to others that we were ever married. We introduce each other as boyfriend and girlfriend. I signed the document because we agreed to be married in the future. I recently found out tha...

    Scott’s Answer

    There are two ways an informal marriage can can be entered into in Texas. The first, is the signing and proper execution of a declaration of informal marriage, and the second is meeting the three pronged test. If you signed and properly executed a declaration of informal marriage, you are married and don't need to look to the three pronged test. The requirements of a declaration of informal marriage are set forth in Sections 2.402 and 2.403 of the Texas Family Code. If you did not jump through the hoops which are listed, then your your declaration is incomplete, and therefore to be informally married, you would have had to meet the three pronged test. You didn't, so we don't need to dwell on that. If you did jump through all of the hoops for the declaration, you are married and we move on to the annulment question. Under Section 6.107 of the Texas Family Code, a marriage can be annulled if fraud was used to induce one of the parties to marry and the defrauded party did not voluntarily live with the fraudulent party after learning of the fraud. You haven't lived with him, and it is arguable that he defrauded you by omission - he didn't tell you he was currently engaged to another person. To summarize, if you (1) properly executed an informal declaration of marriage under 2.402-2.403 of the Family Code, and (2) he was engaged to be married to another at the time and you never lived together after you learned this, then you have an argument for annulment. So the answer to your last question is, yes, can ask that a Court annul the marriage.

    Regardless, I highly recommend that you seek legal counsel before taking any action on this matter. Depending on your circumstances, there may be advantages to going through a divorce instead of an annulment. Just viewing your question, there is no way for me to know whether or not this is so.

    This answer is intended for educational use only and does not constitute legal advice. No attorney/client relationship exists between us.

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