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  1. #1
    Join Date
    Jul 2009
    Posts
    2

    Default Married Out of Country

    My question involves marriage law for the State of: Texas

    Me and my wife are both US citizens. We got married in another country and we have a notarized marriage license from that country.

    I am just trying to figure out what I need to do to register with the county as a married couple. I want to make sure that in the county records me and my wife are listed as a married couple.

    When I went to the county clerk's office they said "The marriage license from the other country is no good in the US. You will have to apply for a new marriage license here and get married again with a new marriage date." I dont want to do that.

  2. #2
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Married Out of Country

    I think there's a couple of ways you can go. The majority of the states don't recognize common law marriage...Texas does. You can get a form from your county clerk, fill it out and file it. They will then record it and you will be recognized as married.

    Another thing you can do is petition the court to recognize the marriage that already took place. I have no idea whether it would be approved but my guess is that it would....simply a guess.

    In any case, I'd go back to the courthouse and speak to someone else who's willing and able to give you more information.

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Married Out of Country

    By the way, in Texas, the form used to establish a common law marriage is called the "Declaration of Informal Marriage".

  4. #4
    Join Date
    Jul 2009
    Posts
    2

    Default Re: Married Out of Country

    If i were to go down the path of common law marriage and lets say 2 years down the line we decide to move to another state. What happens then? Are we recognized as a married couple? or do we need to have a civil marriage again when we move to a state that doesnt honor common law.

    If i were to go down the path of petitioning the court to honor the wedding that already took place, what is the process for that. Do I have to get a lawyer and proceed that way or is this something I can do on my own.

  5. #5
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Married Out of Country

    It would depend upon the state you moved to so if you're thinking of moving, that would certainly be a consideration. Even if a state doesn't recognize common law marriage within the state, most will recognize the marriage if you came from a state where it was recognized. You'd need to check on that. Take a look at usmarriagelaws.com

    I think you should ask the clerk of the court in your area how best to proceed with a petition. I would be surprised if it wouldn't be simple and I'm guessing you could do it yourself, without any legal help. I also would guess that it's fairly common.

    There is quite a lot of information about the subject on the internet and, also, your own county's website may provide all the information you need. Good luck!

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