Common Law Marriage

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More information about marriage licenses with Upshur County, may be found here:   https://www.countyofupshur.com/page/marriagelicense

General Information

An informal marriage, also called a common-law marriage, is more than merely "living together."

The parties to an common law marriage must have agreed to be married, lived together as husband and wife after such an agreement, and represented to others that they are married.

Couples in an common law marriage may wish to make it a matter of record without the formal ceremony. To accomplish this, the couple must sign a Declaration and file it with the county clerk.

Requirements

The following is the list of requirements for obtaining an common law marriage license in the state of Texas:

ID Requirements:

• Certified copy of your birth certificate, a valid driver's license or other acceptable ID, issued by the state, another state, the United States, or a foreign government.

• Your Social Security card or knowledge of the number.

• If you have been divorced and want to use your maiden name on the marriage license, bring a certified copy of your divorce decree which states your name is to be changed to your maiden name.

Residency Requirements:

• Not required to be resident or citizen.

If Divorced within Last 30 Days (in Texas):

• If your divorce was finalized within the last 30 days, provide a certified copy of the divorce decree which waives the 30-day waiting period.

Application Requirements:

• Both parties must appear in person to apply.

Blood Tests:

• There are no blood test requirements.

Waiting Period:

• There is no waiting period for common law marriages.

Expiration Period:

• Common law marriage certificates have no expiration period.