From: 00prneubauer@bsu-ucs.uucp (Paul Neubauer)
Newsgroups: alt.atheism
Subject: Re: marriage: atheist's alternatives?
Date: 7 Oct 92 18:56:33 GMT

In article <1992Oct6.213434.4999@netcom.com>, 
 bskendig@netcom.com (Brian Kendig) writes:
> FLANAGA@RICEVM1.RICE.EDU (Scott Flanagan) wrote (in article <16878946F.FLANAGA@RICEVM1.RICE.EDU>):
>> What do atheists, or anyone not desiring a religious wedding ceremony,
>>typically do if they otherwise want to have a normal wedding?  I am aware
>>that justices of the peace may perform civil services, but I was hoping that
>>there are other, LEGAL, alternatives.  I am particularly interested in
>>alternatives which have been shown to be legally watertight in Texas, since
>>that is where I will be getting married.
> 
> Isn't it true that in Texas, if you and your girlfriend rent a hotel
> room under the same name (Mr. & Mrs. Flanagan), then you're married as
> far as the state's concerned?  I'm pretty sure Texas was the state with
> this law.

DISCLAIMER:  I am NOT a lawyer and do not intend to represent myself
as one.  The description I am about to give is based on my
recollection of Texas law as described to me more than 10 years ago by
a friend who was a law student (in Texas) at the time.  I will assume
that (1) my recollection is correct, (2) my friend was correct and (3)
the law has not changed in the interim.  Of these 3 assumptions, (2)
is probably the best, (1) is not too bad and (3) could easily be
completely wrong.  I do not recommend that you or anybody else rely on
these assumptions for anything important!  Get a real lawyer.

That said, Texas does (did) recognize "common-law" marriage (without
benefit of clergy or other official).  There were 2 elements required
for a valid common-law marriage.  (1) You represent(ed) yourselves as
married (as in the hotel example) and (2) you *intended* to be
married.  The question of names (e.g. Mr and Mrs Flanagan) does not
enter into the picture.  The woman is under no more obligation to go
by "Mrs. <husband's name>" than would be the case under any other
circumstances.  (That is, none.)  The matter of intent is obviously
harder to establish.  In the hotel room example, it is pretty unclear. 
If the name used is the man's actual name, the initial presumption
might be that the couple intend to be what they have said they are,
i.e. the default presumption is that people tell the truth.  If
neither of the pair were actually named "Flanagan" and they did not
continue to use the name and did continue to live apart, etc. then it
would seem to be pretty clear that they were simply telling a
convenient fiction for that one occasion.  I don't know anything at
all about case law on the subject.

In the case of the friend from whom I got this information (as I said,
a law student at the time), I trust his description because he *did*
"get married" by the common-law route.  He researched the subject and
he and his present wife established both of the needed elements by
simply going to the courthouse and registering the fact that they were
married.  The registration was not required, nor was it the marriage
itself.  It was simply a record.  I did not see any forms or anything,
so I cannot describe what the registration involved.  The woman did
not change her name.  She continued to use the same last name that she
had been using, which was in fact a name she had acquired in a
previous marriage.  In fact, the man eventually changed his name to
correspond to hers (i.e., to the last name of her previous husband). 
He did that when he became a US citizen (he had previously held
Canadian citizenship).

Many people will think that this arrangement does not sound at all
romantic and I sure would agree with that!  I have every reason to
believe that it was legal, however, and the conclusion that I draw
from that is that pretty much anything you want to do will be legal. 
I do strongly advise getting in touch with a real lawyer, however, and
making sure that what I have said here is (still) right.  Do make sure
that the lawyer you contact has a reasonably open mind, however, since
some people simply cannot imagine doing things in any way other than
the traditional way and will simply *assume* that you must do it
either through a church or a civil servant of some sort.  Get someone
who either knows or will actually find out the real story.  I don't
know anyone in Houston, and the friend involved is (or last I heard
from him was) a practicing attorney, but he has since moved to another
state.  But if you need it I can probably put you in touch with
someone in Austin.  I am not too sure of what she is actually up to at
the moment, but last I heard, she was a practicing attorney.  (I don't
know what she charges. :-)

-- 
Paul Neubauer   00prneubauer@leo.bsuvc.bsu.edu  00prneubauer@bsuvax1.BITNET
                00prneubauer@bsu-ucs.UUCP       neubauer@bsu-cs.UUCP
Newsgroups: alt.atheism