Same-Sex and the Common-Law Marriage

In early 2015, marriage between same-sex partners seemed to be on the verge of becoming legal. A decision from the U.S. Supreme Court was on its way in Obergefell v. Hodges, buoyed by the support for the nationwide legalization of same-sex marriage by a large portion of the country. Then on June 26 came the declaration that same-sex marriages were not only legal but also the laws which prohibited them were declared unconstitutional. … Although the new law was clear for these couples, it was unclear what the law said about couples who had been living for years as if they were married, wearing rings and calling each other husband or wife. Were they married now, too? Could same-sex couples actually be married informally, through common law?

Read the entire article at Texas Lawyer (subscription required).