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Common-law marriage, also known as non-ceremonial marriage, [1] [2] sui iuris marriage, informal marriage, de facto marriage, more uxorio or marriage by habit and repute, is a marriage that results from the parties' agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process.
The Texas Family Code, Sections 2.401 through 2.405, [62] define how a common law marriage (which is known as both "marriage without formalities" and "informal marriage" in the text) can be established in one of two ways. Both parties must be at least age 18 to enter into a common law marriage.
A fault divorce is a divorce which is granted after the party asking for the divorce sufficiently proves that the other party did something wrong that justifies ending the marriage. [8] For example, in Texas, grounds for an "at-fault" divorce include cruelty, adultery, a felony conviction, abandonment, living apart, and commitment in a mental ...
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But the Texas Attorney General appealed, and on August 31, 2010, the Fifth Court of Appeals in Dallas reversed the lower court, ruling that the same-sex marriage ban does not violate the Equal Protection Clause of the Fourteenth Amendment, even when used to prevent a legally-married couple from obtaining a divorce.
Since the mid-1990s, three states have enacted covenant marriage laws which give couples the option to make divorce more difficult, Louisiana, [27] [28] Arkansas, [29] and Arizona. [30] For example, couples who choose covenant marriage may be required to undergo counseling before a divorce can be granted, or to submit their conflicts to mediation .