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The man and woman must both be 18 or older, not currently married to someone else, agree to be married and live together in Texas as husband and wife, and represent to others that they are married.
While it is not a requirement, couples can register their common law marriage by filing a declaration with the county clerk. For couples that choose not to declare their common law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested in order to "prove" the marriage.
Marriage is a legal union between two individuals while a common-law marriage involves two people who live together and present themselves as a couple without getting married.
If you agree, you and your partner can sign a Declaration of Informal Marriage with the county clerk. Once signed, the declaration is valid proof of marriage and you are considered married for all legal purposes. The declaration form is available from the county clerk.
Application Process: Both parties must appear at the county clerk's office to complete the marriage license application. The application will ask for personal information such as name, address, and date of birth. Fees : The fee for a marriage license varies by county but is typically between $60 and $81.