Texas is one of the few states that recognizes common law marriage, also called “informal marriage.” While it may seem less formal than a traditional marriage, the legal implications, especially during a breakup, are just as significant. Here’s what you need to know if you’re facing divorce from a common law marriage in Texas.
What Is a Common Law Marriage in Texas?
A common law marriage in Texas is established when a couple meets three criteria:
- Both parties mutually agree to be married;
- They live together as spouses; and
- They present themselves to others as a married couple.
There’s no need for a ceremony or a marriage license, but both parties must be legally eligible to marry (e.g., not already married, at least 18 years old).
Do You Need a Divorce for a Common Law Marriage?
Yes. If your relationship meets the requirements for a common law marriage, Texas law treats your union the same as a ceremonial marriage. This means you must go through the formal divorce process to legally end the marriage and resolve issues like property division, child custody, and spousal support.
Proving the Existence of a Common Law Marriage
A unique challenge in common law divorce is proving the marriage existed in the first place. Evidence may include:
- Joint bank accounts or property titles
- Shared bills or leases
- Testimony from friends or family who knew you as a married couple
- Social media posts or public acknowledgments
Filing a Declaration of Informal Marriage with the county clerk can make this process easier, but it’s not required.
Divorce Process for Common Law Marriages
The divorce process is essentially the same as for traditional marriages:
- File a petition for divorce in the county where either spouse has lived for at least six months.
- Serve divorce papers to your spouse.
- Address issues such as property division, child custody, and spousal support.
Community property laws apply, so assets and debts acquired during the marriage are subject to equitable division.
What If You Just Separate Without Divorce?
Some couples believe they can simply go their separate ways. While technically possible, this can create legal headaches, especially if there are shared assets, debts, or children. Without a formal divorce, you may lose important legal rights or face future disputes over property and finances.
Time Limits and Presumptions
If neither party files for divorce within two years of separating, Texas courts may presume no common law marriage ever existed. This can affect your ability to claim property or benefits later on.
Consult a Family Law Attorney
If you’re unsure about your status or how to proceed, consulting a Texas family law attorney can help protect your rights and guide you through the process.
Understanding the nuances of common law marriage and divorce in Texas is essential for protecting your interests. Whether you’re just starting to question your relationship status or preparing for a legal split, being informed is your best defense. The attorneys at Grinke Stewart Law are here to help you! Give us a call at (469) 598-2001.
