Declaration of Domestic Partnership

[TerribleLie]

What is the name of your state?TX

If two people have signed a Declaration of Domestic Partnership and filed it with the court, then a few years later split up and one gets married without having the Declaration of Partnership dissolved, would that be marriage be legal?

 

[seniorjudge]

What is the name of your state?TX

If two people have signed a Declaration of Domestic Partnership and filed it with the court, then a few years later split up and one gets married without having the Declaration of Partnership dissolved, would that be marriage be legal?

From what I can glean from a search of Texas law is that a declaration of domestic partnership is between two people of the same sex; marriage is a contract between two people of the opposite sex.

Thus, they have nothing to do with each other.

 

[TerribleLie]

In this case the people are of opposite sex. I also found a letter form the attorney General of Texas about this but I don't really understand all of it here is the link....http://www.oag.state.tx.us/opinions/op49cornyn/jc-0156.htm maybe someone else can make some sense of this. I does say that Texas recognizes two types of marriages; ceremonial, and informal. This declaration would be considered an informal way of being married.....right?

 

[seniorjudge]

In this case the people are of opposite sex. I also found a letter form the attorney General of Texas about this but I don't really understand all of it here is the link....http://www.oag.state.tx.us/opinions/op49cornyn/jc-0156.htm maybe someone else can make some sense of this. I does say that Texas recognizes two types of marriages; ceremonial, and informal. This declaration would be considered an informal way of being married.....right?

All that legal gobbledygook means that domestic partnership agreements in Texas between people of the same sex aren't worth a good rip snort. It also talks about the two ways people of the opposite sex are married in TX and neither of the methods is by a "declaration."

Q: This declaration would be considered an informal way of being married.....right?

A: No. "Informal marriage" is what Texas calls "common law marriage."

https://forum.freeadvice.com/showthread.php?t=233177

 

[TerribleLie]

Wouldn't this paper that they signed just be proof of a common law marriage? They did present each other as husband and wife they had also been legally married (in a church w/marriage license an all) but had gotten divorced. They got back together a year after the divorce and signed these papers and filed them with the county clerk. They also had another child during this time period.

 

[TexasBlues]

In Texas two people of the opposite sex who are residing together can file a declaration of intention to marry with the county clerk. They are then considered legally married. If a declaration is not filed and the parties split up, there is a 2 year statue of limitations for one of the people to begin a legal proceeding to attempt to establish that an informal marriage existed. Very hard to do in this state. However, after 2 years of not living together if no one has started a legal proceeding then both people are considered not married and are free to do what they want.

Texas does not call these type of relationships common law,or domestic partnership, or any thing else. In this state it is called an INFORMAL MARRIAGE. And they are very hard to prove.