Houston, TX asked in Divorce and Family Law for Texas

Q: Could we choose the previous marriage date if remarrying under common law after the divorce in Texas?

We were married overseas on July 08, 2007 and declared our marriage under the common law marriage as per Texas law on February 02, 2008.

we got divorced on September 16, 2015. After the divorce, we started living together as husband and wife again. Now, we want to declare, once again, that we have been married under common law marriage. the law gives us the choice to choose the date of marriage in the past. Could we,one more time, choose the date of July 08, 2007 as the date of our new marriage when we go to declare the informal marriage with the county office? or do we have to choose some new date after the date of divorce i.e. after September 16, 2015? I would be grateful for an answer, thank you.

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1 Lawyer Answer
Jon R. Boyd
Jon R. Boyd
  • Fort Worth, TX
  • Licensed in Texas

A: Hi, interesting question and one I don't see every day!

No, you cannot go back to the previous date of marriage and nor would you want to, in my opinion.

Hope this helps. Thanks- Jon R Boyd

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