As a Divorce Attorney, it is rare for me to have much dealings with marriage licenses. None the less, marriage licenses dominated much of the national news in 2015. The U.S. Supreme Court made it illegal for States to deny marriage licenses to gay couples. This effectively struck down a Texas Law requiring that marriage licenses could only be issued to heterosexual couples. Ultimately as a Divorce Lawyer, the net result is that there will be more marriages and therefore more family law work for attorneys. It has only been a year since gay marriage became legal, and we have already begun to see divorces between gay couples.
A marriage license is not required for common law marriage, but if a person desires a formal marriage under Texas law (also called a ceremonial marriage), they will be required to get a marriage license. A licensed ceremonial marriage does have advantages. Primarily it creates a clear marriage relationship between the parties. There will be little doubt that a marriage has occurred if there has been a license issued and a ceremony has been performed by an authorized person.
As a Divorce Attorney, I prefer to see couples married through a ceremony. The license and ceremony eliminates any ambiguity about whether a marriage has occurred. Common Law marriages must be proven up with evidence, and that process can require additional Divorce Lawyer work, and increased legal fees.
Garza & Elizondo, LLP
680 East St. Charles St, Suite 600
Brownsville TX 78520
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526