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Texas Prison Visitation - General Q&A This forum is for general, nonspecific questions & discussions related to visitation in Texas facilities. If you have a question about or want to discuss visitation in a specific facility, please visit that facility's subforum in the Texas forum.

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  #1  
Old 01-01-2011, 06:24 PM
JPrasil JPrasil is offline
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Post TDCJ Affidavit of Informal Marriage

I search through PTO's other post but was unable to get an accurate answer. I think the answer varies a lot.

On TDCJ's Affidavit of Informal Marriage it states, "The information in this affidavit is true and correct to the best of my knowledge and intended as a delectation of an informal marriage consent with the laws of the State of Texas. I understand that the information contained herein shall be considered by the Texas Department of Criminal justice for operation purposes, to include employment and/or visitation, and shall not serve as a filing Declaration of Informal Marriage in accordance with the Texas Family Code."

I'm unsure of what the difference is between filing and not filing a Declaration of Informal Marriage (with the County Clerk)? If there's no actual filing with the County Clerk then....? If there's filing with the County Clerk then..? Is there a difference between the TDCJ Affidavit of Informal Marriage compared to the actual Declaration of Informal Marriage that is filed?
I don't know what TDCJ does with this Affidavit after they receive it but it seems that it's for visitation purposes?

At first I was okay with this but from what I see in other PTO threads it seems the TDCJ Affidavit is the same as going to the County Clerk and filing a Declaration.

Thanks for the info! Happy New Year!
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Old 01-01-2011, 10:58 PM
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There is no need for a filing with either a county clerk or with TDC for an informal marriage to exist. That is the nature of the informal marriage in the first place and the reason that TDC will recognize the relationship. Even though nothing need ever be filed with a county clerk for an informal marriage to be legal and valid there exists an option to have the informal marriage made a matter of record with the county. To do this you file the affidavit of informal marriage with the county of your choice. What TDC is saying is that filing the affidavit with them is for their own purposes only and does nothing to accomplished making your informal marriage a matter of record with the county (or state).
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Old 01-02-2011, 09:03 AM
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That helps! Thanks, Robinsman you're awesome--does anyone ever tell you that?!!
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Old 01-02-2011, 02:02 PM
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You might be the first. Lol
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Old 08-20-2012, 09:55 PM
Joamy2007 Joamy2007 is offline
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Default question of confusion

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Originally Posted by RobinsMan View Post
There is no need for a filing with either a county clerk or with TDC for an informal marriage to exist. That is the nature of the informal marriage in the first place and the reason that TDC will recognize the relationship. Even though nothing need ever be filed with a county clerk for an informal marriage to be legal and valid there exists an option to have the informal marriage made a matter of record with the county. To do this you file the affidavit of informal marriage with the county of your choice. What TDC is saying is that filing the affidavit with them is for their own purposes only and does nothing to accomplished making your informal marriage a matter of record with the county (or state).

since it isnt filed through the county clerk and is just for tdcj purposed does that mean it isnt binding?? if it is; how do you get out of it...
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Old 08-22-2012, 05:54 AM
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It's binding. And, it really doesn't matter when you're younger. But, I'm nearing social security and we filed one "just to be sure" of survivor rights and to lessen the hassle if the dreaded reaper comes to call. We've been together 20 years.

In Texas ANY common-law (informal) marriage is just as binding as a traditional one. So, don't take it lightly. I it will require a legal divorce to end it.
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Old 08-22-2012, 07:53 PM
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if it is not filed with the county clerks and someone remarries which marriage is the legal one
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Old 08-22-2012, 08:09 PM
CenTexLyn CenTexLyn is offline
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Originally Posted by just-confused View Post
if it is not filed with the county clerks and someone remarries which marriage is the legal one
depends on how good the attorney is when it comes time to argue the divorce...but the bottom line is that if someone wants to hold themselves out as 'married' (which is what the TDCJ affidavit is going to accomplish), then a family court is generally going to hold that the couple WAS married for all intents and purposes, making the second marriage null and void, or in the alternative, the party in two marriages to be a bigamist.
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