Affairs Of The Heart Harris Hospital To Estelle Unit Huntsville, Texas…

Juggling the past few months has been hectic. My worry and concern about my sister has preoccupied my mind and robbed me of sleep. 

Since flying to NY in August, my twin sister has struggled with pain in her chest but, her “EKG’s were normal.” Because of this and while waiting on a referral to a cardiologist from our PCP, we would both learn that a normal EKG and chest pain are not normal. We would learn in a nick of time to save Cindy from a heart attack. 

Maria had contacted me regarding marrying Erin at Estelle Unit a few months ago. Maria and Erin are both deaf. This meant my only form of communicating with her was by text. Normally my clients call, email and text but text only was how Maria and I managed her Prison wedding planning process. 

In the middle of the Prison wedding planning process, we would also learn that Erin was CLM which prevented approval to marry. Undoing this CLM status would take several weeks. 

Widespread misuse of Common Law Marriage Affidavits within TDCJ are common. How common? Thirty percent of my clients encounter the “sticky CLM issue” in the midst of the confusing process of planning to marry an inmate. How do they find out? The I60 Request For Marriage is denied based on the inmate being listed as CLM to someone other than the person attempting to marry them. 

To start the unraveling, I sent two Dissolution agreements to Maria. One for Erin and the other for the other party to the CLM status. Luckily, she was willing to sign it. Maria had given me her number and I called to explain the situation to her myself. 

Finally gaining a date to marry at Estelle, it was a sleep deprived week for me altogether. Friday morning, Cindy and I had a Skype interview with the BBC regarding a show concept. This isn’t unusual. In fact I’m contacted by reporters and production companies on a regular basis. Cindy and I have intentionally waited to sign contract for awhile now. Why? Because finding the right production company to share our unique journey isn’t easy. The BBC won’t embellish or frankenbite or fabricate our clients or ourselves which is why they have our interest. 

Cindy struggling with chest pain had me considering a reschedule but, we have never rescheduled with a production company in all these years and Cindy refused to consider a reschedule promising to go straight to the hospital immediately with me instead and following through with the Skype call. The call lasted nearly two hours. How my twin managed to be funny and entertaining I have no idea. 

We left the office and went to Harris Willow Park. As usual for the past 3 months, her EKG was normal. I insisted on more tests this time. I was sick of being told she was normal and watching her pop nitro pills like candy. Those pills are key here so stay tuned. 

At our PCP (yes, we have the same PCP, GYN and dentist as well as eye doctors), I fought to get a prescription for those nitro pills. Due to that normal EKG, the doctor didn’t want to prescribe them. 

After researching nitroglycerin pills though, I wasn’t leaving without them. They would prevent Cindy from having a massive coronary last week. Because she had them, she took them. If she hadn’t had them, at any time during four days of travel, she would have easily suffered a heart attack. 

Monday we were dealing with Stephaney again. This most likely caused the stress to Cindy. Her daughter consistently sucker punches us with her consistent relapses. Tuesday while at the PCP, Cindy’s daughter called stranded in Oklahoma after getting off the bus we had put her on to treatment hours earlier. The pain would only get worse. 

By Wednesday, I was begging Cindy to go to the hospital. The pain was so intense that she couldn’t sleep. Instead, Cindy rode with me to Goree Unit then on to Gib Lewis. 

Thursday, I again begged Cindy to go to the ER. My son and I headed to Jordan Unit to meet two brides. Cindy continued to believe nothing was wrong due to the normal EKG’s and being released over and over with chest pain. I was determined to get her into the hospital by Friday. 

Friday morning after wrapping the Skype call and bracing for yet another “normal EKG,” the additional tests I demanded showed inconsistencies. An ambulance transported Cindy while I picked up the twins from school. A stress test Saturday morning was canceled. Cindy’s heart wasn’t up to the test. The cardiologist wanted to do an angioplasty immediately but because Cindy was returned to her room and served breakfast, the surgery was moved to Monday. 

Throughout the weekend, I literally bounced from the hospital to Events to home to the hospital to Events to home. Acting normal with little or no sleep  and hiding my fear from my sister my family and even myself was no easy task. 

I handled paperwork from my sisters bedside. I took client calls and emails as I watched her. I checked in with my husband watching the twins. I sent my son to feed Cindy’s cats. I called the workers who had been paid to paint Cindy’s house and hadn’t returned all week. I called Cindy’s husband from NY to Colorado to Nevada to California. Steve finally arrived in Texas Tuesday morning.

Steve and I went to visit Cindy and I left Harris Heart Tower headed to Estelle Unit in Huntsville. I drove alone. I thought how driven I had become to find answers. I wondered why I had accepted that normal EKG? Why Cindy had? Why we didn’t ask more questions? I thanked God for arguing about the nitro and winning the argument. We had saved her. We found the answers and the solution but it took far longer than it should have.

Arriving at Estelle, I text Maria. She walks towards me smiling. I can’t text. I must leave my phone. We screen in. We wait for Erin. I loan her my ring for Unit photos. She is finally married. Cindy is finally going home. 

Anything worth having is worth fighting for. My sisters health or Maria’s ability to marry didn’t have clear cut paths but, I’ve never given up easily. Love will find a way. Maria’s Friend is also deaf. I’m going to help her marry at Estelle. Cindy is home resting and like me thankful. We are forever in debt to the amazing staff at Harris.

The Sticky CLM Issue That Can & Will Stop Your Prison Wedding Planning Process…

Last night while texting back to a client I was asked “can a Warden deny the I60?” The answer is yes. But, there must be a valid reason for a Denial. Wardens don’t simply “just say no.”

Let’s go over the primary reason for a Denial. The old CLM issue that most inmates claim “they forgot about.” TDCJ didn’t forget. In fact, whether the inmate went into the system claiming a CLM Status off the bat or years later, filed a CLM Affidavit in order to obtain contact visits, inmate records forwarded this information to the Courts in Huntsville. 

Meaning… based on the CLM Affidavit, the inmate was granted contact visits. Let me clarify for my spies and trolls that a contact visit IS NOT a conjugal visit. A contact visit means there is no glass separating the inmate from the other person. Texas does not allow conjugal visits. 

Last nights client had a fairly unique situation that I’ve yet to encounter and because it’s difficult to surprise me, we will dive in to why TDCJ doesn’t throw away a CLM status EVEN when the inmate is no longer incarcerated. She had filed a CLM Affidavit with another inmate years ago. Because the other inmate had been released, she also assumed that her current fiancées I60 would be Approved if he wasn’t listed as CLM to someone other than her. Yes, this is a Two Fer. The inmate she’s trying to marry is also listed as CLM to someone other than her. Stay tuned. 

In order to abolish the CLM status, a Dissolution Agreement must be notarized and forwarded to inmate records from the law library by the currently incarcerated inmate. On the outside, a Dissolution Agreement must be notarized and sent to Huntsville to quash the record listing the other party as being CLM or Common Law Married to an inmate although the inmate is no longer in the system. 

Before everyone else reading this who happens to have encountered the same problem starts contacting me to send them my Dissolution Agreement, I’m not in the business of solving strangers problems. I provide Dissolution Agreements to MY CLIENTS as a courtesy. 

Certain Units May also require a Texas Marriage or Divorce Verification Sheet. How do you get one? Here’s the link– Texas Vital Statistics Marriage And Divorce Verification.

Rather than argue with strangers regarding the legality of a CLM Affidavit “outside of the system,” I will use this opportunity to educate and enlighten a few people that assume or believe that Common Law Marriage in Texas is “easy to prove.” It isn’t. The Informal Marriage Affidavit exists BECAUSE it isn’t easy to prove Common Law Marriage. 

For all of the numskulls out there contacting me to tell me “you have to get a divorce if you are CLM,” I’ve got a news flash for you, if a legal marriage cannot be proven, a divorce cannot be filed. The REQUIREMENT of an Informal Marriage in Texas is that BOTH Parties are PRESENT to file an Informal Marriage Affidavit. If one person is in prison, obviously they aren’t filing a CLM Affidavit in person.

DECLARATION AND REGISTRATION OF AN INFORMAL MARRIAGE (COMMON LAW)

An informal marriage license can be obtained and recorded by a couple who agree to be married, and after the agreement, they lived together in this state as a couple and represented to others that they were married.

Both parties must be present. An absentee affidavit cannot be used for an informal marriage license.

A person under 18 years of age may not obtain an informal marriage license.

A person may not obtain an informal marriage license if presently married to someone else.

The fee is $36 cash, Visa, Mastercard, American Express or Discover. 

Now… for everyone wondering how in the heck Informal Marriage Affidavits wound up in Texas Prisons, the widespread misuse of these Affidavits were meant to validate or at the very least verify that the inmate had a relationship other than friendship with the other party. No one likes the glass. No one likes the phones that rarely work and inmates wanted contact visits. In fact, most inmates described this document as a “piece of paper” to the person they wanted to sign it. 

Most of my clients have no idea that the inmate ever filed a CLM with someone other than themselves UNTIL they try going through the Prison Wedding Planning Process. Why? Because the I60 is DENIED based on the inmates status OR the client had signed a CLM Affidavit with another inmate in order to obtain contact visits and didn’t tell the inmate they are attempting to marry because they never assumed that it would come up. 

The CLM Sucker Punch… CLM Affidavits don’t go away on their own. If you have EVER filed a CLM Affidavit, TDCJ has kept it on file. Rather than screaming and crying, calm down. Call me. We will work through undoing the CLM Status. 

For everyone else contacting me to tell me “we are legally married. It’s easy to prove Common Law Marriage in Texas,” I hope you never need to test your theory in probate court. My father lived with Gretta for six years. My father and Gretta filed joint tax returns, shared checking accounts and lived as husband and wife but THEY NEVER FILED AN INFORMAL MARRIAGE AFFIDAVIT TOGETHER. Because they hadn’t, even with a will, my father never won or much less proved Common Law Marriage. 

These Affidavits when filed together by both parties in the clerks office ARE LEGALLY BINDING AND REQUIRE A DIVORCE BOTH IN AND OUTSIDE OF TEXAS. 

The primary difference between Informal and Formal Marriage in Texas is that a Formal Marriage REQUIRES AN OFFICIANT AND CEREMONY. An Informal Marriage Affidavit “skips” the ceremony AND Officiant requirements.

Regarding Married versus Common Law Married Status within TDCJ. These are two different things. Outside of TDCJ, there are two types of marriage licenses. One is an Informal Marriage Affidavit. This must be be filed at the clerks office by both parties to be a legally binding marriage. The main variation of the Informal Marriage License versus the Formal Marriage License is that the cost is less, there is no Officiant and there is no ceremony. 
A Formal Marriage requires a Formal Marriage License, Officiant and both parties present as well as a wedding ceremony taking place. 
The widespread misuse of the Informal Marriage Affidavit fo obtain contact visits within TDCJ is due in part to the ease of which inmates can file this document. 
Many of my clients have no idea a CLM status even exists UNTIL they attempt to marry an inmate and are denied due to a pre existing CLM status with someone other than themselves. Undoing a CLM status is and can be a hurdle. 
Although outside of TDCJ, the Informal Marriage Affidavit is invalid because it wasn’t filed at the clerks office by both parties, TDCJ will make removing the other party a real hassle by insisting on a divorce for a marriage that wasn’t legal. 
If the Informal Marriage wasn’t filed and recorded AT A COUNTY CLERKS OFFICE you cannot file a divorce regarding the union. A legal marriage must exist to file a legal divorce. 
Inmates gain the CLM classification two ways. Either they went into the system proclaiming to be Common Law Married and DID NOT sign a CLM Affidavit or after being in the system, they had their girlfriend sign one proclaiming to consider themselves Common Law Married. This changes the inmates status from Single to CLM. But only within TDCJ. 
Outside of TDCJ, the other party can easily legally marry someone else “on the outside” while the inmate cannot marry anyone else “on the outside” due to the status. Why? Because the Informal Marriage Affidavit WAS NOT FILED IN PERSON BY BOTH PARTIES at the clerks office. This allows the person on the outside to marry anyone not within TDCJ. After release, an inmate can also marry anyone they choose to. However, while incarcerated, that TDCJ CLM status is going to prevent anyone on the outside from marrying an inmate on the inside from anyone other than the party listed as being his or hers Common Law Partner within TDCJ. 
I’ve had many strangers attempt to argue the point as to a CLM affidavit filed within TDCJ “being a legally binding marriage.” Listen, I’ve spent years in courtrooms. YEARS. Prior to Texas Twins Events, Texas Twins Treasures, The Pawning Planners and TDCJ Officiant, I owned Defending Debt Lawsuits and sold it to start Texas Twins Events. Don’t attempt to argue law with me. Educate yourself. Buy a family law book for this state. Understand and comprehend marriage law. Study TDCJ policy and procedure. Comprehend the Administrative Directive but don’t attempt to convince me that you know more about marriage law than I do. You don’t. 
You cannot BE living as husband and wife when one of you is incarcerated. Think about it. Living together is a requirement of proclaiming to be CLM. Many of these CLM Affidavits filed by inmates are filed AFTER being incarcerated. How on earth are they living with another party while they are living at a prison? Short answer? They aren’t. They wanted contact visits and realized that by filing a CLM Affidavit with TDCJ they could obtain contact visits. 
Proving a Common Law Marriage is far more difficult than uninformed people believe the process to be OUTSIDE of TDCJ. Why do you think the Informal Marriage Affidavit process and option exist in the first place? You know, if it was “so easy to prove to be Common Law Married.” It isn’t. 
How do you know if your inmate is listed as CLM to someone other than you? You could ask. Or, you could plan your prison wedding and stumble upon this information yourself. It’s devastating I can assure you to be thrown a curve ball that you didn’t see coming. 
The easiest way to undo a CLM status between the inmate and someone else is to have both of them sign and notarize a Dissolution Agreement. What if you don’t know who the other person is? How to contact them? You can try to dissolve the status by having the inmate file a Dissolution Agreement but some Units refuse to notarize this document and suggest the inmate file an Unsworn Declaration instead. Others demand a divorce for a marriage that never occurred. It is a problem. It’s a problem that you will need to overcome prior to being granted permission to marry an inmate. 
What if you the person on the outside signed a CLM Affidavit with another inmate in the TDCJ system and now are trying to marry another inmate? Same scenario. Even if the initial inmate you signed the affidavit with is NO LONGER INCARCERATED, TDCJ records will reflect that you are CLM and therefore not entitled to marry another inmate. 
This widespread misuse of CLM Affidavits is an ongoing problem in Texas. However, outside of TDCJ, these “marriages” are not legally binding and do not prevent anyone being listed as CLM to an inmate from marrying someone not within TDCJ. 
Unraveling this ball of yarn requires patience and dedication. On the side of the inmate, it also requires honesty. Let’s review why they had someone sign that CLM Affidavit to begin with. Contact visits. “It’s just a piece of paper.” It isn’t. TDCJ allowed contact visits based on the Affidavit. 
Now, let’s address this “elephant in the room” with a few Units who denied an I60 Request For Inmate Marriage to couples who were listed as CLM to the same person they were trying to legally marry… back before the Administrative Directive pertaining to inmate marriage was changed to allow inmate marriages, the pre existing status of being CLM blocked a legal marriage. The new Administrative Directive allowed a legal marriage to occur within TDCJ with the SAME parties listed as CLM. My clients contacted me and explained the problem. I involved the Courts and overcame the problem. The Courts like me know the policy and procedure. They are your friends whether you realize it or not when planning your Prison Wedding. 
Knowledge and experience are how and why I overcome hurdles. I have successfully married clients who were previously CLM to each other then later denied the ability to legally marry. That’s right. Over and over again too. A Denial isn’t final but it is the beginning of a process to obtain permission to marry. I have also successfully married couples who unwittingly encountered the “sticky CLM issue” of the inmate being listed as Common Law Married to someone other than them. It took months but… we unraveled the status and finally got them married. 
A CLM status to anyone other than you is frustrating, infuriating and surprising. No one expects it. For inmates who claim that they “can’t remember” either filing this status when going in or signing an affidavit after being incarcerated, I can assure you that they do remember because they gained contact visits by doing so. Honesty is the best policy here. After all, marriage is a merger and marriage must be based on trust. Inmates DO REMEMBER having the ability to hand a contact visit. Ask any inmate how difficult obtaining contact visits is and you will quickly understand why this widespread abuse of CLM Affidavits actually exists to begin with. 
I have “other Officiants” contact me frequently because they have no idea how to solve their clients unexpected problems. It’s not my job to educate them however and I’m rather busy addressing clients from five businesses and venues I’m on staff with. Learning policy and procedure within every state I conduct marriages didn’t happen overnight. Knowing marriage law and understanding prison policy is the one thing that every prison wedding Officiant should know but they don’t. This isn’t a job that only requires you to show up. This is a job that requires you to be educated and informed. This is a job that warrants your time and attention to walk your client through a very confusing and frustrating process. This is a job that requires dedication and experience. I don’t have the time to train others on how to perform their job functions. If you have hired someone who shrugs their shoulders when you encounter a problem, you hired the wrong person. 
For those of you wondering if either you or the inmate are listed as CLM to anyone other than each other, you can contact inmate records and ask or contact the Courts in Huntsville. 
For those of you who believe “proving Common Law Marriage is easy” I hope you never have to stand before a probate judge and attempt to find out how difficult what you believed to be easy is. It isn’t. Informal Marriage Affidavits exist to prove a legal marriage occurred. They also require both parties present at the clerks office. Skipping any part of this requirement does not create a legally binding marriage I can assure you. Filing a CLM Affidavit with TDCJ creates a status but that status is limited to TDCJ and not recognized as legally binding outside of TDCJ. 
For those of you still believing that by signing a CLM Affidavit within TDCJ “created a legally binding marriage,” I’m including the Texas Marriage Verification link for you to check your “legally binding Common Law Marriage Status” yourself because I have neither the time or the patience to argue with someone who isn’t my client and who believes they know or much less understand family law or marriage law contacting me with uninformed information. 
If you believe you are legally married, don’t contact me, verify it yourself. I’m busy addressing my clients and their needs and have no time to debate with uninformed strangers… 

The Unsworn Declaration. What Is It And Why You Cannot Obtain A Marriage License In Texas With It Instead Of An Absentee Affidavit…

My Ellis Unit client had contacted me last week regarding the law library informing her fiancée that “we are no longer notarizing Absentee Affidavits.” 

I quickly reviewed TDCJ Access to the Courts, Councils and Public Officials as I was all too well aware that an Unsworn Declaration would not substitute for an Absentee Affidavit. Thankfully, the problem of the Unsworn Declaration was effectively solved with a phone call to Ellis by me and my beautiful Ellis Unit bride now has both the Absentee Affidavit and ID ready to buy her marriage license. 

This “shift” of not notarizing inmate documents is a problem for not only the inmate but also his fiancée. Why? Because the county clerk will not accept an Unsworn Declaration in exchange for an Absentee Affidavit. 

Communication is “key” between TDCJ personnel and myself. Thankfully, I have built a stellar reputation of good relationships with TDCJ staff members when encountering a “hurdle.” Today’s blog will address the “unforeseen issues” of clients wishing to marry an inmate and the hurdle of purchasing a marriage license in Texas using an Unsworn Declaration. 

CIVIL PRACTICE AND REMEDIES CODE TITLE 6. MISCELLANEOUS PROVISIONS CHAPTER 132. 

Sec. 132.001. UNSWORN DECLARATION. (a) Except as provided by Subsection (b), an unsworn declaration may be used in lieu of a written sworn declaration, verification, certification, oath, or affidavit required by statute or required by a rule, order, or requirement adopted as provided by law.

(b) This section does not apply to a lien required to be filed with a county clerk, an instrument concerning real or personal property required to be filed with a county clerk, or an oath of office or an oath required to be taken before a specified official other than a notary public.

(c) An unsworn declaration made under this section must be:

(1) in writing; and

(2) subscribed by the person making the declaration as true under penalty of perjury.

(d) Except as provided by Subsections (e) and (f), an unsworn declaration made under this section must include a jurat in substantially the following form:

“My name is __________ _________ ____________, my

(First) (Middle) (Last)

date of birth is _________________, and my address is

_____________, ____________, _________, ____________,

(Street) (City) (State) (Zip Code)

and __________________. I declare under penalty of

(Country)

perjury that the foregoing is true and correct.

Executed in _______ County, State of ________, on the ________ day of ________, ________.

(Month) (Year)

____________________

Declarant”

(e) An unsworn declaration made under this section by an inmate must include a jurat in substantially the following form:

“My name is __________ _________ ____________, my

(First) (Middle) (Last)

date of birth is _____________________, and my inmate

identifying number, if any, is __________________. I

am presently incarcerated in ________________________

(Corrections unit name) 

in _____________, _________, _______, ____________. I

(City) (County) (State) (Zip Code)

declare under penalty of perjury that the foregoing is true and correct.

Executed on the _____ day of ________, _______.

(Month) (Year)

____________________

Declarant”

For the many people wishing to marry an inmate who assume the above Unsworn Declaration “is the same or similar or can substitute for an Absentee Declaration,” the Absentee Affidavit specifically states that the clerk “will not accept an Unsworn Declaration” ON THE TOP PARAGRAPH of the document. 

Let’s use Tarrant County for an example and note that although inmate marriage has been legal since July 28, 2015, that Absentee Affidavits at county clerks offices in Texas have yet to update the AA to reflect the use of this form pertaining to inmates. “Unsworn Declarations are not accepted.” 

The reason I’m pointing the significant variations of an Absentee Affidavit versus an Unsworn Declaration are specifically to advise you that trying to substitute one for the other will not allow you to purchase a marriage license in Texas.

Yesterday, my client from Hobbs, New Mexico planning to marry at Bridgeport Unit sent me a message upon leaving Anderson County, Texas that read “they won’t issue the marriage license because he isn’t here.” Checking the distance from Hobbs to the nearest major city in Texas, I found Lubbock to be an hour and forty five minutes from my clients location and contacted the clerks office myself while in my SUV at Green Bay Unit. 

Let’s “go over” what NOT to say if you encounter a clerk who is unfamiliar with inmate marriage. Do not say that the inmate is military. If the inmate isn’t military, the inmate still qualifies as being absent. However, many clerks (especially in smaller towns and sub courthouses) are completely unfamiliar with inmate marriage and the use of an Absentee Affidavit. This is why you need someone experienced and educated in your corner as your TDCJ Approved Officiant. 

I called Lubbock and my client is purchasing her marriage license as I write this blog from Parker County. As a person planning to marry an inmate, you may face challenges from clerks who either “don’t approve of inmate marriage” or worse, “have no idea that the same form they are familiar with can be used to purchase a license for an inmate marriage.” Rather than becoming upset or argumentative, it’s best to contact me.

A few months ago, my Michael Unit bride encountered issues in Denton County. Why? Because her Absentee Affidavit “was from another county and we can’t use their form in our office.” My Michael Unit client had called me upset about Denton County and to solve the issue of a clerk unfamiliar with inmate marriage or the use of an Absentee Affidavit, I instructed my client “to go to Tarrant County.” Since I was meeting a client at the Tarrant County Jail, offered to meet her there to purchase her marriage license. I married her at Michael Unit several weeks ago. 

Being in another state and marrying an inmate in Texas can be trying. My Florida client was married by me to an inmate at TDCJ Holliday Unit but, the process wasn’t easy. If you live in another state, I strongly suggest taking the Twogether In Texas Course online. Why? Because if you are flying to Texas, the three day waiting period can and will pose a problem to your travel arrangements if you are on a tight window. Not all of my clients can afford to take an entire week from work to marry in Texas. 

I’m including the link to Twogether since I’m well aware many third party providers are selling it at an inflated cost– Twogether In Texas Online Course. This course waives the three day waiting period and discounts your marriage license fee by $60. 

Why was House Bill 2865 passed? House Bill 2685 increased the marriage license fee to $60. However, the fee was be waived for couples who complete an eight-hour premarital class, and those couples can forgo the 72-hour waiting period to get married. 

AUSTIN – The Texas Health and Human Services Commission (HHSC) is spreading the word about a new state law, which took effect Sept. 1, 2008 that encourages couples to take premarital courses in Texas. This course began due to an increase in the cost of marriage licenses due to House Bill 2685. 

The state’s initiative, called “Twogether in Texas,” promotes marriage education classes that provide eight hours of training on communication skills, conflict resolution and other elements of a healthy marriage. Any couple who complete the class will receive a certificate that they can take to their county clerk when they apply for their marriage license. The certificate is good for one year and serves as proof that the couple is eligible for the discounted marriage license fee. The online class allows you to stop and start. The ONLY requirement is that you complete the course. You will then print your certificate. You will need to take the certificate with you along with the notarized Absentee Affidavit and TDCJ ID as well as your own ID to buy the marriage license. 

For clients encountering a “CLM status to anyone other than them” trying to get Approved to marry an inmate, the consistent issues of “this piece of paper” continue to be a horrifying surprise. Let’s first go over why any inmate who was granted contact visits by notarizing an Informal Marriage Affidavit obviously knew that it “wasn’t just a piece of paper.” TDCJ recognizes an Informal Marriage Affidavit as binding. If you are attempting to marry an inmate who is listed as being “informally married to someone other than you,” I strongly encourage you to have a serious discussion with the inmate regarding his or hers honesty relating to the issue preventing you from marrying them for a number of reasons but mainly because dishonesty isn’t the way to begin your marriage and secondly, because you have a very time consuming legal battle ahead of you. It’s also something you were wholly and completely unaware of. 

Outside of TDCJ, such Informal Marriage Affidavits must be filed in person by both parties at the clerks office. Use of an Absentee Affidavit is not allowed pertaining to an Informal Marriage Affidavit. 

The wide misuse of an Informal Marriage Affidavit in Prisons is astounding to me. For anyone signing this document unaware that doing so in the presence of a notary is a deliberate misuse since you obviously aren’t living with an inmate inside a prison, beware of the ramifications of signing such an instrument. Inside TDCJ, you CANNOT marry anyone other than the person on the Affidavit without providing TDCJ with a divorce decree. 

I am attaching a photo of the Declaration And Registration Of Informal Marriage for your review as well as the warning regarding falsifying documents. 

WARNING: IT IS A FELONY TO FALSIFY INFORMATION ON THIS DOCUMENT. 

If you are attempting to marry an inmate who has this document on file with TDCJ or any other prison, it’s a problem. It’s not a problem that can’t be overcome but, it’s still a problem. If you are a client, contact me to go over what will be required to move forward with your Prison Wedding Planning Process. If you aren’t my client, good luck. 

Outside of prison, an Informal Marriage Declaration once filed, legally binds both parties. A divorce is required to dissolve the union. 

If you are from another country planning to marry an inmate in Texas, neither I nor anyone on my staff will conduct your wedding ceremony. Immigration Fraud is a crime. We will not make exceptions to anyone for any reason.  

The end answer regarding Unsworn Declarations is that while they may be effective outside obtaining a marriage license, they are still ineffective in obtaining one. Only the use of a notarized ID and Absentee Affidavit will substitute for the inmates presence at the clerks office.