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Date: Sat, 4 Mar 2006 11:21:43 -0600
From: "ctm 007" <martinfamilytree@gmail.com>
To: juanita <juanita2@cox.net>
Subject: Re: [ROOTS-L] Re: Data Entry Convention for Illegitimate Surname
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Hi Juanita,
I think there is no fast and hard rule for declaration of "common-law"marriages in Texas.   The website at:http://ct-divorce.com/Commlaw.htmsays the rule is to meet a 3-prong test as shown in the paragraphbelow.  I think if two people spent 1 night together and had committedthe act of cohabitation and then told people later that they weremarried, then indeed they are.   Just my opinion;   and if you had 50¢you could buy a cup of coffee with my opinion :-). Website starts:"Texas calls it an "informal marriage," rather than a common-lawmarriage. Under � 1.91 of the Texas Family Code, an informal marriagecan be established either by declaration (registering at the countycourthouse without having a ceremony), or by meeting a 3-prong testshowing evidence of (1) an agreement to be married; (2) cohabitationin Texas; and (3) representation to others that the parties aremarried. The 1995 update adds an evidentiary presumption that therewas no marriage if no suit for proof of marri!
 age is filed within twoyears of the date the parties separated and ceased living together"
Carl.


On 3/4/06, juanita <juanita2@cox.net> wrote:> I don't know if this is still true or not, but in some States, if a> couple holds them out to the general public as "married" for I> believe it is/was seven years, they're considered married.  If they> decide later to go separate ways, the State requires a legal divorce> thru the court.  Marrying again without legally being divorced could> mean bigamy.>> juanita>>> > My grand daughter was born while her parents were living together un> > married a common law marriage.  she has borne her fathers last name> > since the day she was born If a couple lives together long enough I> > think it is considered a marriage.  but if they break up there is no> > divorce.  .> >> > Many would be scantily clad if dressed in their own humility.> > HUGS          HUGS                 HUGS> >>>>>


