How do I know if I am still legally married? 1 Answers as of June 25, 2012Me and my ex went to the the court house in San Antonio, TX to get married. We filed the proper paper work and were given a marriage license and were told, than it needs to be stamped/validated by a local religious entity and then sent back for records within 30 days, or else, it'd be considered voided. We actually did that and finalized the marriage at a local religious center within 2 days, but didn't send the marriage certificate in .. 6 months later we decided it's not working out and that we wanted to get a divorce ..
We assumed that since we didn't send the marriage certificate back in, that as far as the state is considered, we never actually got married and thus it's voided .. So we simply got a divorce at the local religious center and confirmed with them that they didn't send the marriage license in either (even though they were supposed to) The question is, what is our situation now legally and statewise? Are we considered still married and need to get a divorce through the state? Are we considered to have never been married since we never returned the marriage license back to the state within the 30 days?
The Law Office of Eric J Smith | Eric Smith
Assuming is a terrible habit when dealing with the law. Informal or Common Law marriage has 3 elements in Texas - agree to be married, live together in Texas as husband and wife, and represent to others that you are married. Even if the ceremonial marriage was invalid, the fact that you got a divorce at the local religious center indicates that you intended at some point to be married and held yourself out as such - if you lived together in Texas as husband and wife you are common law married and need to get divorced.
Answer Applies to: Texas