View Full Version : Papers for common law marriage


Derick'sbabe
02-27-2006, 12:14 PM
Hi, I was wondering if any of you have acess to the paper that I can get notrized and my husband can sign as well to get contact visits.. Thanks

KKSmom
02-27-2006, 01:59 PM
If you PM your fax number or post it here, I can send you a copy of the papers that I have and you can type your own, putting in the correct facility. There isn't that much to it.

KKSmom

iloveERIC
02-27-2006, 06:38 PM
if you get the papers notarized do u have to be married?

Crone
02-28-2006, 06:05 AM
Does Texas recognize common law marriages? I'm not doubing it - just curious because the state I reside in doesn't recognize them. I'm always curious to hear which ones do and, how these couples resolve things when they split up. Do they go through the same procedures one would in a divorce? Interestinggggggggggg.

BrandNewGirl
02-28-2006, 08:38 PM
Texas does recognize Common Law Marriage. They do have to go through a divorce if they split, I believe. Someone can correct me if I'm wrong.

Goldyloxn4bears
02-28-2006, 08:42 PM
Yes, they do, I have the paperwork that you need if you'd like it...I'm private message me and I'll email it to you...I know that it works, because I'm on his visitation as his wife now.

Goldyloxn4bears
02-28-2006, 08:43 PM
And it's totally binding, you have to get a divorce you can't just split up!

scarlettmom7872
03-07-2006, 03:35 PM
You are correct, mu hubby used to work for the State of Texas, and they allow "domestic partners" to get insurance benefits, however, they sd that we would have to sign an affidavidt and that if we split we would have to get a legal divorce.

Kaleideskopik
03-16-2006, 01:50 PM
I don't know how it is now... but all I did was sign an affadavit saying that we had lived as common law wife and husband for six months prior to his incarceration. I went to one of those stores where they make copies and paid six dollars to get it notarized. You don't need any special papers. Does TDCJ recognize common law marriages now? I thought that amendment about civil marriages made common law marriages in Texas illegal....

KKSmom
03-16-2006, 02:49 PM
TDCJ does recognize common law for visitations purposes. They have their own papers that have to be signed and turned in to them to get contact visits.

KKSmom

Kaleideskopik
03-17-2006, 05:57 PM
TDCJ does recognize common law for visitations purposes. They have their own papers that have to be signed and turned in to them to get contact visits.

KKSmom

Did that just recently change? Last year I looked up the information in the offender's book, and there it said you had to sign an affadavit, so did they just recently make their own papers? Or is this something that varies unit by unit?

north star
03-17-2006, 07:57 PM
When I contacted the local county clerk for what the skinny is on proxy marriages for Lubbock County, they said that common law papers must be signed in person by both parties -- no exceptions. Check with your county clerk to be sure what the procedure is for your county.

Nail Pounder
04-12-2006, 02:01 AM
A common-law marriage is recognized in Texas as follows:
TEXAS FAMILY CODE § 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:
(1) a declaration of their marriage has been signed as provided by this subchapter; or
(2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.

TDCJ doesn't require a Declaration of Informal Marriage be registered with the county clerk. All that is required is both parties must provide sworn affidavits to TDCJ stating that they have lived together in Texas as husband and wife and represented to others that they were married. The main thing is you must state that you lived together as husband and wife prior to his incarceration. The prisoner can use an unsworn declaration on his/her affidavit. The free spouse must provide a sworn affidavit that is notorized by a notory public. It does not require you to go to the county clerk for anything.

Here's what the TDCJ Offender Handbook says:

Spouse (common law or ceremonial). The person listed as an offender’s
spouse on the offender’s approved Visitors List shall be eligible for contact
visits. Any change of an offender’s spouse on the Visitors List must be
verifiable by the Warden or designee (i.e., proof of divorce must be provided
by the offender when a change in spouse is requested on the visiting list). A
copy of the marriage license or other acceptable legal documents shall be
used for verification. Acceptable documentation for establishing a commonlaw
marriage status is a Declaration and Registration of Informal Marriage. A
declaration of informal marriage shall be executed on a form prescribed by
the Bureau of Vital Statistics of the State Department of Health and provided
by the County Clerk. In absence of a Declaration and Registration of
Informal Marriage, both the offender and the common-law spouse (must be sworn) may submit to the Warden affidavits declaring their marriage. The offender may use an unsworn affidavit under penalty of perjury (§§132.001 – 132.003, VTCA Civil Practice and Remedies Code). However, the commonlaw spouse must provide an affidavit certified by the County Clerk or notarized by a Notary Public. Any other form of registration acceptable to the Bureau of Vital Statistics is considered acceptable proof of marriage. A copy of the documents shall be placed in the offender’s unit file.

north star
04-13-2006, 12:06 AM
Here's what the TDCJ Offender Handbook says:

However, the commonlaw spouse must provide an affidavit certified by the County Clerk or notarized by a Notary Public.






I am just saying if you try for that affidavit from the LUBBOCK COUNTY CLERK you won't get one unless BOTH PARTIES are present, NO EXCEPTIONS. I have already researched this in LUBBOCK COUNTY for someone else in. Can't speak for any of the other counties which is why I said check with your county. They're not uniform in their rules just like TDC units aren't either. :rolleyes:

fromzero2004
04-13-2006, 12:55 AM
I guess I thought TDCJ (and the State for that matter) recognized a Declaration of Marriage or allowed you to complete sworn affidavits saying you considered yourself husband and wife. I wasn't aware of the caveat requiring you to "live together prior to incarceration."

So, is proxy marriage the only option available to those who met their significant other while they were incarcerated?

north star
04-13-2006, 08:01 PM
All they know is what you provide in the documents. Are they going to investigate every declaration turned in? I don't think even THEY are THAT anal. But you do have to watch what is said on here. They ARE related to big brother after all....

Nail Pounder
04-15-2006, 03:52 AM
The whole premise of common law marriage is that you lived together as husband and wife even though you weren't formally married--whether you use a declaration or affidavit. So if you can't swear to that in a sworn affidavit then the only route is proxy marriage. It's likely they won't investigate it, but keep in mind that lying on a sworn document is perjury. If it's a government-provided document you can also add falsifying a government document to that. Are you willing to risk potential criminal prosecution in order to be married on the cheap? I guess after 10 years in a cage I'm a little gun-shy about taking those kinds of risks.

North Star why make things harder than they have to be. There are thousands of notary publics in the state of Texas. TDCJ does not require you to go to a county clerk, so why go that route? All you need is a signed sworn affidavit notarized by any notary(if TDCJ has a standard form get it from them, otherwise an affidavit ain't no big deal to type up).

north star
04-16-2006, 01:21 AM
North Star why make things harder than they have to be. There are thousands of notary publics in the state of Texas. TDCJ does not require you to go to a county clerk, so why go that route? All you need is a signed sworn affidavit notarized by any notary(if TDCJ has a standard form get it from them, otherwise an affidavit ain't no big deal to type up).


I am not trying to make things harder. I agree it is much easier to go to a notary public (I know this since I am one). I think ALL options should be offered so IF a person SHOULD wind up going to the county clerk for the affidavit they would know ahead of time that whether or not they will be successful depends on the COUNTY - so they should CALL before they go and not waste their time and effort. :shrug: Sorry if that bothers you.

Nail Pounder
04-16-2006, 11:44 PM
I just prefer going around brick walls rather than butt my head against them ... that's all.

fromzero2004
04-17-2006, 11:21 PM
Like you, Nail Pounder, I prefer to go "around brick walls" instead of butting "my head against them." As our relationship progresses, we will discuss all of our options but I am confident proxy marriage will be the ultimate decision we mutually make! :D

north star
04-18-2006, 12:55 AM
I just prefer going around brick walls rather than butt my head against them ... that's all.

I agree which is why one needs ALL the info available to avoid those brick walls.

p-lampkin
05-03-2006, 05:14 PM
I typed my own 'Declaration of Informal Marriage' and had it notarized, sent it to my husband and now TDCJ recognizes me as his wife. I have copies and can mail, fax or email one to anyone who'd like one.

robbo's wife
08-11-2006, 08:00 PM
Yes it seems so. I know I'm a little late posting this but I think some people are confused here. There is a difference between the Declaration that you aopply for in person at the county clerks office. Here both parties MUST be present NO EXCEPTIONS. But as far as the affidavits are concerned, these are only applicable and accepted by TFC as a form of proof of common law marriage. The are just simple typed up statements. One has to be notarized and the other doesn't (inmate's copy). This is why the affidavit must stae that the couple lived together prior to incarceration.

rcgray60
05-10-2007, 08:58 AM
Can You Please Send Me The Paperwork That You Have
Thanks
Personal e-mail address removed per PTO policy. Please PM member.

MyMatthew
05-10-2007, 04:17 PM
My husband and I are married common law. This is what I found out during my research in Grayson County. You have to have Declaration and registration of informal marriage for TDCJ to give contact visits. At least that was what I was told. The county clerk in Grayson county just like in Lubbock County said you both have to be present in person to file it with the county clerk. But TDCJ guidelines did not require me to have it filed with County clerk. I found on line the Declaration of a Informal Marriage. Sent it to him in County he requested a Notary and he sign it and sent it back to me. I then went and signed it in front of a notary . We never have file it with Grayson County will have to wait until he is home. But TDCJ did not say anything about it not being file with County Clerk. When he was transferred to TDCJ custody he put me on his visit list as wife and I sent them the Declaration of Informal Marriage and that was it.

I carry my form with me. This is what you are swearing to.

It says I solemnly swear that we, the undersigned, are married to each other by virture of following fact" on or about DATE we agreed to be married, and after that date we lived together as husband and wife in this state we represented to others that we were married. Since the date of marriage to the other party I have not been married to any other person.

That is what I did...Give it a try..

Blonde32girl
05-22-2007, 04:11 PM
Could you possibly send me a copy of those forms too? I'd really appreciate it. Thanks, Cat

lormur
05-22-2007, 04:23 PM
The State of Texas does not require that you have lived together in order to become Common Law spouses. Some states do but texas does not.

Adrienne
05-22-2007, 05:40 PM
Could you possibly send me a copy of those forms too? I'd really appreciate it. Thanks, Cat

sent it to you via PM.

rcgray60
05-23-2007, 10:32 PM
can you email what you typed on the common law affidivat

thanks
rhonda

Adrienne
05-24-2007, 08:29 AM
can you email what you typed on the common law affidivat

thanks
rhonda

PMed to you. :)

danababy
05-26-2007, 11:43 AM
I need papers for common law marriage. Could I please get a copy. please email me. (personal e-mail address removed per PTO policy) Please PM member.

danababy
05-26-2007, 11:44 AM
Would you please email me the papers. Dana

Kay
05-26-2007, 04:09 PM
Dana, look in TDCJ what you need to know section and you will find information on proxy and common law marriages in TX. I hope this helps you. Good Luck!

txgirl1972
06-09-2007, 10:13 PM
hutchins unit lets me contact visit just on my husbans word he listed me as wife they treat me as wifeDoes Texas recognize common law marriages? I'm not doubing it - just curious because the state I reside in doesn't recognize them. I'm always curious to hear which ones do and, how these couples resolve things when they split up. Do they go through the same procedures one would in a divorce? Interestinggggggggggg.

Chrissy's Wife
06-10-2007, 10:55 AM
Where would I find a copy of the commmon law affidavit?

Adrienne
06-10-2007, 12:04 PM
hutchins unit lets me contact visit just on my husbans word he listed me as wife they treat me as wife
Be careful! If they ever ask for the marriage liscense you have to supply it or else you risk losing all vsitation privilidges.

Adrienne
06-10-2007, 12:04 PM
Where would I find a copy of the commmon law affidavit?

PMed it to you

danababy
06-10-2007, 03:00 PM
Dana, look in TDCJ what you need to know section and you will find information on proxy and common law marriages in TX. I hope this helps you. Good Luck!



Thank you very much. Forms are in the mail.. thank you-- Dana

dmpotter
06-10-2007, 07:07 PM
i have copies of what is acceptable to the warden. my husband drafted our own. we are common law marrie but i use his last name now. i can send them to anyone who needs them. just private messege me. anything to help. a hug satisfuies and reassures the soul....i know! oh and if your thinking about it ..the answer is yes! they need you as much as you need them..

vencesguera
06-11-2007, 10:42 AM
i went to the place where you get your birth certificates and asked for the the papers so that we could get a marriege license while he is in jail so that we would be able to have contact visits but i never heard about the one for common law marriage i got it so that we could get married through the jail

elizabeth921
08-02-2011, 02:08 PM
Yes, they do, I have the paperwork that you need if you'd like it...I'm private message me and I'll email it to you...I know that it works, because I'm on his visitation as his wife now.

Hello do you think you can send me an e-mail of the papers so that i can get contact visit. please e-mail me at [personal e-mail address removed per PTO policy. Please PM the member to make contact] thank you

RobinsMan
08-02-2011, 02:29 PM
Check the stickies at the top of the TDCJ - What You Need to Know (http://www.prisontalk.com/forums/forumdisplay.php?f=384) forum.

TDCJ hand
08-02-2011, 04:43 PM
Please keep in mind that this thread and the last post is over 4 yrs old.

mrslee5
11-25-2011, 06:53 PM
i need help ..people send me IM MESSAGE!! .. i got the papers from my man .. but i wanted to know about really get them filled... what all do i have to do... ? cause if this is the only way to get contact..i dont know if i can do it,..please help A divorce can be bad at times...i dont want that

tiffbadley
04-07-2014, 01:48 PM
can some one please send me the papers i need to do an affidavit for common law and the affidavit he needs to sign and turn in and explain to me what all i need to do to get this done so i can have contact visits with him thanks

tiffbadley
04-07-2014, 01:50 PM
i have copies of what is acceptable to the warden. my husband drafted our own. we are common law marrie but i use his last name now. i can send them to anyone who needs them. just private messege me. anything to help. a hug satisfuies and reassures the soul....i know! oh and if your thinking about it ..the answer is yes! they need you as much as you need them..



can u please send me the copies u have of whats acceptable and once we turn these in can i legally go put his last name on my drivers license

Renee
04-07-2014, 03:27 PM
Please remember that this thread was started in 2006. Much has changed. Please go to the TDCJ - What You Need to Know (http://www.prisontalk.com/forums/forumdisplay.php?f=384)forum (scroll down past the Stickys) to see more recent threads with up to date information. There are links to the papers that you need in those threads. Good luck!

destinybyrd
07-18-2014, 10:42 AM
Does anyone have a copy of this form Affidavit of Informal Marriage the one I just have to get notarized.