Question 1

Do I need a divorce if I was in a Texas common-law marriage?

Accepted Answer

If a valid common law marriage exists, you need to go through the divorce process to legally end it. A divorce can also address property division, debts, child custody, and support issues. Separating or moving out does not by itself dissolve a valid marriage.

Question 2

Does living together automatically create a common law marriage in Texas?

Accepted Answer

No. Living together by itself does not automatically create a common law marriage, regardless of how long the couple lived together. Without a filed declaration, the evidence generally must establish that the couple agreed to be married, lived together in Texas as spouses after that agreement, and represented to others that they were married.

Question 3

What if my former partner says we were married, but I disagree?

Accepted Answer

The court will need to decide whether a valid common law marriage existed. Evidence might include documents, financial records, messages, witness testimony, and how the couple described the relationship to others. The court will examine whether the couple’s conduct establishes all of the required elements rather than merely showing that they lived together.

Question 4

Can property be divided if there was no formal wedding?

Accepted Answer

Yes, if the court finds that a valid common law marriage existed. In that situation, property and debt can be addressed through the divorce process much as they would be when ending a ceremonial marriage. If no common law marriage existed, though, the divorce court generally cannot divide the property as a community estate, although other ownership claims can still be considered.

Question 5

Can child custody and child support be addressed in the divorce?

Accepted Answer

Yes. If the couple has children together, the divorce can address conservatorship, possession and access, child support, medical support, and other parenting issues. These issues can still be addressed even if the court finds that the parents were not married, although in that case, the parties will proceed not through divorce but through a different type of family law case.

Question 6

What if I am unsure whether I was common-law married?

Accepted Answer

Because common law marriage depends on the facts, it can help to speak with a family law attorney. Bailey & Galyen can review your situation, answer general questions, and help you understand what legal options are available.

Question 7

Is there a deadline for proving a Texas common law marriage?

Accepted Answer

Texas law creates a rebuttable presumption that no informal marriage existed if a proceeding to prove the marriage is not started within two years after the couple separated and stopped living together. The two-year period is not an absolute bar, but waiting can make the marriage more difficult to prove.

Blog

Common Law Marriage in Texas

Common Law Marriage in Texas: Are You Legally Married and How Do You Get Divorced?

What Texans Should Know After a Chemical Plant Fire, Explosion, or Toxic Release

San Antonio Tornado Damage: What Residents and Property Owners Should Know

Your Rights in Texas When Your Employer is a Nonsubscriber to Workers’ Compensation

What Is the Statute of Limitations for Hit-and-Run Cases in Texas?

Family of Military Members Are Eligible for a Special Immigration Benefit

Payment of Child Support in Texas

When Should You Update Your Estate Plan?

What “Nonsubscriber” Actually Means in Texas and Why It Matters to Injured Workers

Schedule Your Free Case Review