Hi everyone, Assume a couple qualifies for a common law marriage in Texas and resides there. After that, they relocate to a different state without a common law marriage law.
Is the couple’s marriage recognized in a state without a statute since it was recognized by Texas law?
As an aside, I always believed that common law marriage was inferred if a couple simply cohabitated for X years.
I now know that the couple must appear as married in at least one state (laws vary by state). Things that demonstrated they behaved as though they were married and not merely partners, such as calling each other husband and wife, wearing wedding bands, etc. At least in that state, cohabiting is insufficient.
They normally won’t question you if you declare you’re married in the state you moved to. For instance, if you disclose your marital status to your insurance provider or landlord, they won’t ask you to provide documentation of it.
You would have to demonstrate that the marriage was acknowledged in the state in which it was first consummated, though, in situations where proof of marriage is needed, such as in divorce or probate courts. Obtaining a declaration from a court in the originating state would most likely be necessary for this.
Article IV of the US Constitution contains a reciprocity clause that, in general, mandates that a state recognize as lawful whatever that was deemed lawful in the state in which it originated. In this instance, all you need to do is demonstrate that the marriage was accepted as lawful in the state in which it occurred.