It seems pretty straight forward. Pay court fee, see judge, change last name. So a "legal" name change for a "non legal" wife. What could possibly go wrong?
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Legal name change for second wife in Texas
- Thread starter Elijahsfire
- Start date
A bigamy prosecution.
If you represent yourself to the public as married and live together, you are considered legally (albeit informally) married (what we used to call "common law marriage"). And "informal marriage" (modern terminology) is specifically included in the bigamy statute.
So it wouldn't be dispositive, but her changing her last name to yours would be some evidence that you intend to be married, and any other evidence (such as introducing her in public as your wife) would cinch the deal.
If you represent yourself to the public as married and live together, you are considered legally (albeit informally) married (what we used to call "common law marriage"). And "informal marriage" (modern terminology) is specifically included in the bigamy statute.
So it wouldn't be dispositive, but her changing her last name to yours would be some evidence that you intend to be married, and any other evidence (such as introducing her in public as your wife) would cinch the deal.
Note to others: That's a Texas answer to a Texas question. There are only ten (at last count) informal marriage jurisdictions left in the U.S. Check the laws in your jurisdiction, and remember that any posts here are for educational purposes only and do not constitute legal advice.
I was kind of thinking something like that.
Swamp witch! Why is this not catching on?
Privately you can say what you will. The issue is public presentation, and since we don't attend a lot of community social events as a foursome it's not a big issue. Should the subject come up, I use the term "partner", which dovetails with modern usage of "domestic partner", and is a technically correct legal term.
I never thought I would have cause to be pleased that I live in California...
Same sex marriage has brought up a very interesting issue I literally just noticed. Common law marriage in a state such as Texas is basically forced on a man woman cohabiting couple. How about gays and lesbians? How are straight couples getting equal treatment under the law? Boom!! This needs to be challenged...by who? Well...ny pockets aren' t that deep.
I think you said your dad copywrited that.
He did. He'll let us use it though.
Not really. If you're just cohabiting, and make it clear that you're just roomies or boyfriend/girlfriend or just-about-anything-but-married, you're fine. The trouble starts when you go around introducing that person as your spouse, or list them on public forms as such, etc.
As my 2nd wife took this route, I will tell you as our attorney told us.. The one time you ever tell another soul that she is your "Wife" your likely to go to prison.
So if you can keep "Mum's" the word.. You will be fine.. Just understand how difficult it will be for you all to perpetrate the lie, and one slip up, can and will likely cost you your freedom.
I would seek legal counsel and take everyone's "advice" on here as a grain of salt for online advice is nothing compared to legal advice.
Hope this helps.
I think Andrew's idea of calling her your partner is in that area. It's true in that your wife is your partner. Once, someone, in another thread, suggested saying that she's your wife's partner. That'll really get you some street cred and it's also technically true since both of them are partners. Having a word that can mean anything, means nothing, and can be a blessing...
Maybe we could jettison the term wife. It's not in the Bible. We could just introduce them as our women.
I really like that. Also, my second woman would like to have my name but is desiring the government recognize her using my name hypocritical of me since I am against government marriage? Just using my name on holiday cards, social media, amoungst friends, etc. Shouldn't be a problem? Afterall, she would be my woman not my "wife" which in modern terms has taken a new meaning not in the long held judeo-Christian belief and tradition anyway. I'm not trying to play with semantics here either...their is an ever increasingly stark difference.
I agree 100%. The more I think about it the more I like it. Our marriages are radically different than their marriages. Our system doesn't recognize the legitimacy of their system or have any desire to be reconciled with it.