Notice to new members intending to register - from January 9th 2012

mrs. martinez · #51 11-14-2008, 11:33 PM

my man is on torres unit has anyone used the forms there?

Butterfly79Kiss · #52 11-18-2008, 01:45 AM

Hello everyone. I am new to this site and in need of so much information, for me and my loved one have such a long journey ahead of us. I want to know if the form on the top is a current one? My boyfriend is still in Harris County jail in Houston, TX awaiting TDCJ pick up. He tells me everyday to find out about us getting married before or after he leaves and I'm soooo lost I need help. Any info would be SO appreciated. Thank you so much in advance. =)

DustysGirl · #53 11-21-2008, 06:31 PM

Hi. So glad this was on here. Where can I get a form? My Sweetie has just been hinting...

Thank You.

MsKay0705 · #54 12-12-2008, 08:40 AM

Well does anyone know what I need to do if he doesnt have any form of ID? He has no birth certificate nothing! Can he mail me a copy of his inmate ID card or what? And does this form usually work or should I do proxy?

MsKay0705 · #55 12-12-2008, 09:08 AM

So if I use this form does it mean that we are legally married?

RobinsMan · #56 01-06-2009, 08:49 AM

I think that TDC thinks they know who he is without any other form of ID and the form is submitted to them so you should be good to go with them. If you wanted to register your informal (common law) marriage with a county clerk then their requirements for proof of identity are the same for a formal marriage - which includes a marriage by proxy - as they are for an informal marriage so you will have a problem with them in any case if you have no form of ID for him. I do not think that TDC will give you a copy of his ID. They sure told me NO in as big a way as they could when I tried to get a copy of Robins ID. That does not mean that some inmates have not managed to obtain a copy themselves and get it sent out past the mailroom.

If you consider yourselves common law married then the state of Texas considers you to be married with no need for any forms though they do allow for registration with the county clerk of what will always be an already existing common law marriage. This form is for the benefit of TDC when someone requests to change the relationship of someone on their visitation list to be their spouse. I think that if someone is just going into TDC and initially lists someone on their visitation list as their spouse that TDC will accept that at face value with no need of a form.

MsKay0705 · #57 01-06-2009, 01:24 PM

Ok this helps out alot. I think we will do the forms still. We will see what happens cause he his still in county. Thanks!

cyvonne51 · #58 01-30-2009, 04:18 AM

thanks so much. is there a web site that i can go to and download this to print it out on my priter?

anna1863 · #59 02-17-2009, 06:39 PM

So after I print this, fill it out, etc....who do I send this to? Do I print out something similar for him and who does he give his to??? Kinda new to all this and just trying to figure it out.....

HELP!!!!!!!!!!!!!!!

RobinsMan · #60 03-05-2009, 07:35 AM

You both must fill one out (his modified to say "husband", etc) and you can send them to Inmate Records at his unit.

liz1005 · #61 03-12-2009, 06:00 PM

Wanted to ask does the common law marriage form posted here work at the Ferguson Unit Trustee Camp, if so do I fill one out for myself then have him fill one out (or can I send him the same one, just have it changed to say husband), then have him send it to inmate records, or do I have to be the one that does the sending.

cherylrose48 · #62 03-17-2009, 08:59 PM

Does anyone know if Wayne Scott unit will accept the common law forms? We have been together 21 yrs. and have a child together. Husband said he dont think we will be able to have contact visits? Anyone have any info?

RobinsMan · #63 04-01-2009, 10:26 AM

TDCJ policy for recognizing common law marriage is the same for all units. That dos not mean you may not run into a warden or other person at any given unit that may be a problem but the overall policy is the same. Remember that common law is not the only way to be married. You can be married by proxy which has no requirements like common law does, such as having lived together, and there should never be a problem with recognition by TDC.

stevenskt · #64 04-19-2009, 12:50 PM

I am looking for more information on this topic myself. My husband and I have been common law for a while, but Bradshaw sometimes accepts it and sometimes not. Depends on who is in charge of the visits that day. Last weekend we got a contact visit with each other and this weekend we didn't. It's driving us both crazy, so I/we need to know what both of us have to do. He has me on his family history as his wife and it is supposedly that way on the visitor's list too. But, apparently not?!? So, I am going to fill out this form and get it notorized in the morning and send it to him, but does he just write up one for himself?? Or can I print out this one just changing wife to husband and he can just sign it and turn in both of them? I mean, I am going to call the Warden in the morning too I think, but I am just trying to get assistance from people who have already been through it at Bradshaw. That place does what they want, and I need to find out how to make them do what I want. LOL! But, really, any assistance will be greatly appreciated.

stevenskt · #65 04-19-2009, 12:52 PM

Royce---married by Proxy?? What's this?? Info please. I mean, we shouldnt have problems with common law because there are people who can testify to us being married and so on and so forth. But I just thought I would get info on this avenue too

stevenskt · #66 04-19-2009, 12:54 PM

To all reading, sorry, I just realized my previous post had repeated questions. Sorry, not trying to be repetitive

OnlyDukesGirl · #67 07-30-2009, 11:48 PM

Quote:

Originally Posted by Candace021

Can someone please let me know if the common law form will work for Gurney unit in Tennesee Colony TX? If so, where can I get this form?

Hello, My boyfriend is at the Gurney unit he just sent me the forms for informal marriage they have them there at the unit all he has to do is ask. From what I understand if it is reconized by the state as a legal document (which it is here in Texas) it is reconizedbyTDCJ. Good Luck.

OnlyDukesGirl · #68 07-31-2009, 12:15 AM

Quote:

Originally Posted by H_Lashay226

Does this work for Gurney Unit?

My boyfriend is at the Gurney Unit, he just recently sent me the forms they have them at the unit he just needs to ask for them. He will fill his out and turn them in and you fill yours out get it notarized and send it back to Unit Inmate Records at the Gurney unit address. Good Luck.

mcb1303 · #69 08-20-2009, 10:01 AM

There is actually an Affidavit of Informal Marriage issued by the TDCJ. I have a blank copy if anyone needs it.

BabyLu · #70 09-22-2009, 08:51 PM

thank you so much for this ~have a blessed day~blessed be

Quote:

Originally Posted by KatyBee

Common Law Marriage Form

On common-law affidavit, the common-law wife's affidavit has to be notarized. The offender/husband's affidavit does not have to be notarized, instead of the notary subscription, use the unsworn declaration " I, inmates's name and number, being presently incarcerated, etc. When the offender has these two affidavits ready, he needs a visitation form where he will change his wife's status from friend to wife. He then sends these three items (his affidavit, his wife's affidavit and the new visitation form) to Inmate records for approval. Offender is notified when request is approved or denied.

Affidavit of Common-Law Marriage

I__________________, residing at ____________________________________,
on my oath say and declare that the statements set fourth constitute a true, correct and complete statement pertaining to and declaring:

1. I am the Common-Law Wife of _______________________________,
(Name and ID#)
residing at ________________________________________________.
(Name and address of unit)

2. I am not presently married to any one else. The approximate date this common-law marriage began was _______________ and it was publicly known at this time.

3. I am not related to this person as:
A. An ancestor or descendant, by blood or adoption.
B. A sister or descendant, by blood or adoption.
C. A parent's sister of the whole or half blood.
D. A daughter of a brother or sister of the whole or half blood or by adoption.

4. There is ___________ child from this marriage.

5. Pursuant to the Rules and Policies governing the Texas Department of Criminal Justice – Institutional Division, I am requesting contact visiting privileges, the same as any other Wife might be entitled to with legal (common-law) marriage.

Make sure this is what the unit wants before submitting it. Some units require different proof but if they tell you to write up something, this should work. Good luck!

Vanny · #71 10-06-2009, 08:35 PM

Quote:

Originally Posted by KatyBee

Common Law Marriage Form

On common-law affidavit, the common-law wife's affidavit has to be notarized. The offender/husband's affidavit does not have to be notarized, instead of the notary subscription, use the unsworn declaration " I, inmates's name and number, being presently incarcerated, etc. When the offender has these two affidavits ready, he needs a visitation form where he will change his wife's status from friend to wife. He then sends these three items (his affidavit, his wife's affidavit and the new visitation form) to Inmate records for approval. Offender is notified when request is approved or denied.

Affidavit of Common-Law Marriage

I__________________, residing at ____________________________________,
on my oath say and declare that the statements set fourth constitute a true, correct and complete statement pertaining to and declaring:

1. I am the Common-Law Wife of _______________________________,
(Name and ID#)
residing at ________________________________________________.
(Name and address of unit)

2. I am not presently married to any one else. The approximate date this common-law marriage began was _______________ and it was publicly known at this time.

3. I am not related to this person as:
A. An ancestor or descendant, by blood or adoption.
B. A sister or descendant, by blood or adoption.
C. A parent's sister of the whole or half blood.
D. A daughter of a brother or sister of the whole or half blood or by adoption.

4. There is ___________ child from this marriage.

5. Pursuant to the Rules and Policies governing the Texas Department of Criminal Justice – Institutional Division, I am requesting contact visiting privileges, the same as any other Wife might be entitled to with legal (common-law) marriage.

Make sure this is what the unit wants before submitting it. Some units require different proof but if they tell you to write up something, this should work. Good luck!

Hi, my husband and I are trying to get the affidavits done BEFORE he goes to TDCJ. On the ID#, do I use his DL#?? And when I use the name and address of the unit, can I just use the Harris County Jail's address? Will it matter when he gets transferred to TDCJ?

Vanny · #72 10-06-2009, 08:40 PM

Quote:

Originally Posted by stevenskt

Royce---married by Proxy?? What's this?? Info please. I mean, we shouldnt have problems with common law because there are people who can testify to us being married and so on and so forth. But I just thought I would get info on this avenue too

A marriage by proxy is the same as getting a marriage license, except that the other person doesn't have to be there due to whatever circumstance..in yours..it would be it's because he's incarcerated.

2.006 ABSENT APPLICANT.

(a) If an applicant is unable to appear personally before the county clerk to apply for a marriage license, any adult person or the other applicant may apply on behalf of the absent applicant.

(b) The person applying on behalf of an absent applicant shall provide to the clerk:
(1) the affidavit of the absent applicant as provided by this subchapter;
(2) proof of the identity and age of the absent applicant as provided by this subchapter; and
(3) if required because the absent applicant is a person under 18 years of age, the documents establishing parental consent, documents establishing that a prior marriage has been dissolved, or a court order authorizing the marriage of the absent, underage applicant.

2.007 AFFIDAVIT OF ABSENT APPLICANT.

The affidavit of an absent applicant must include:

(1) the absent applicant's full name, including the maiden surname of a female applicant, address, date of birth, place of birth, including city, county, and state, citizenship, and social security number, if any;

(2) a declaration that the absent applicant has not been divorced within the last 30 days;

(3) a declaration that the absent applicant is:
(A) not presently married; or
(B) married to the other applicant and they wish to marry again;

(4) a declaration that the other applicant is not related to the absent applicant as:
(A) an ancestor or descendant, by blood or adoption;
(B) a brother or sister, of the whole or half blood or by adoption;
(C) a parent's brother or sister, of the whole or half blood or by adoption; or
(D) a son or daughter of a brother or sister, of the whole or half blood or by adoption;

(5) a declaration that the absent applicant desires to marry and the name, age, and address of the person to whom the absent applicant desires to be married;

(6) the approximate date on which the marriage is to occur;

(7) the reason the absent applicant is unable to appear personally before the county clerk for the issuance of the license; and

(8) if the absent applicant will be unable to attend the ceremony, the appointment of any adult, other than the other applicant, to act as proxy for the purpose of participating in the ceremony.