What kind of evidence do I need to prove I have an informal (common law) marriage in a court proceeding?
Posted on Sep 15, 2010 7:20am PDT
Remember from my earlier blog that whether or not an informal (common law) marriage exists is a question of fact for the Judge or jury to decide. The more and better evidence you have to show that you (1) agreed to be married and (2) after the agreement you lived together in Texas as husband and wife and (3) represented to others that you were married, the better your chance of convincing the Judge or jury that you are common law married. For example, one of the parties could testify as to all three of the above elements, or you could have relatives or close friends testify as to some of the elements. I've had cases where the couple's doctor was questioned as to what they might have said about their marital status. Another excellent source of evidence is any documents where the couple had to indicate their marital status. I always ask a potential client with a common law marriage issue to tell me whether they checked married or single on their federal income tax return. Keep in mind that no single piece of evidence will make or break your case, but I sure wouldn't want to be claiming common law marriage and have to explain on the witness stand under oath why I checked the "single" box on my tax return when doing so was done under penalty of perjury.
To speak with a Houston divorce lawyer about common law marriage and property division laws in Texas, please contact our office today!