We recently came across an article by family law attorney, Christina Pesoli, titled “Gay and Cohabitating in Texas? You Just Might Need a No-nup.” In the article, Christina begins by explaining the criteria for not needing a no-nup. This includes people who are gay and living with a significant other, and already got married in a state where gay marriage is legal, or if they want to immediately get or be married here in Texas. Thanks to the Supreme Court, this is no longer an issue.
However, the No-Nup is excellent for gay couples living together who DON’T want to be married right now. As laws vary by state, the ruling of the Supreme Court may have required a little clarification for people living in Texas. The reason being is that Texas recognizes informal or “common law” marriage.
And in order to be informally married in Texas, the Texas Family Code says that a couple must do these things:
- Agree to be married;
- Live together in Texas as a married couple after making such an agreement; and
- Represent to others that they are married.
These are the only requirements to establish an informal marriage. Once that couple is informally married, they are just as married as a formally married couple who went through the process. As a result, if informally married couples later wants to part ways, they will have to go through the exact same divorce process as normal. Needless to say informal marriage does not equal informal divorce.
To read Christina Pesoli’s article, view it here on the Huffington Post.
