If you're common law married in the state of Texas, do you have to?
Yes you do. Honestly, because of the fact that few states recognize common law marriage, and the difficulties involved in proving the existence of a common law marriage, I personally don't understand why anyone wouldn't simply become legally married if they want to be married. Obtain the form, pay the fee, register the marriage and everyone's intent is clear. Skipping these steps requires a significant amount of additional time and effort to prove a legal marriage exists. Marriage imposes responsibilities. Legally, there either is a marriage or there isn't one. With a legal marriage there are no questions regarding intent or the date the marriage occurred, and no misconceptions regarding whether or not a divorce is required to end a marriage. This question indicates an assumption that common law marriage carries with it options for choosing or denying specific rights and responsibilities inherent in marriage. It doesn't. Common Law Marriage Fact Sheet A legal marriage is not expensive to obtain. Divorce is generally more expensive than marriage. Sorting out disagreements through legal actions, including proving the existence of a common law marriage, is expensive. Get married if that's what both of you desire, or live together. Nobody really cares which you choose. Relying upon others to recognize the legal intent of both parties, to being legally married under common law marriage laws, is a sure fire way to insure legal controversy in the future, especially today when many people live together with no intention of getting married. (Written by someone who's been married and divorced three times and who lives happily with a partner of over ten years, and who intends to get married again on February 31st).