I applied for a marriage license and held a marriage ceremony with a judge the following week. Several life changing events occurred since the ceremony so I have not sent my marriage license/certificate to the clerk to be recorded. As a result of these events I am separating from my spouse. I would like to know if my marriage considered legal even though the license was not filed with the county clerk? If so, so I can go through with an annulment.
Thanks for your time.
Yes. It is likely still a valid marriage. Especially considering that we have common law/informal marriage in Texas which requires one cohabitation within the state, to holding out as married and three a present and tent to be married.
I agree with Ms. Trusler. Talk with an attorney in detail to be sure, but your marriage is probably valid. Failure to comply with the technical requirements generally does not invalidate a marriage. And, hypothetically, even if there was a defect with your ceremonial marriage, there's a likelihood you've entered into an informal marriage anyway.
Because Texas recognizes common law marriage, your marriage is still a valid marriage as a ceremonial or common law marriage. You should discuss this more at length with family law counsel in Travis County, but you probably need to file a divorce or annulment if grounds exist for that procedure.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
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