Common Law Marriage in Texas: Understanding Your Rights and Options
In Texas, a common law marriage (also known as an “informal marriage”) is a legally binding union that can have significant implications for issues related to property, children, and divorce. At Law Thompson, P.C., our experienced Houston family law attorney is dedicated to helping individuals and couples navigate the complexities of common law marriage and providing guidance on how to protect their rights and interests.
What is a Common Law Marriage?
A common law marriage is a type of marriage that is recognized in Texas, where a couple can be considered married without obtaining a marriage license or participating in a formal marriage ceremony.
To be considered a common law marriage, the couple must meet certain requirements, including:
- Agreeing to be married
- Living together in Texas as husband and wife
- Representing themselves to others as a married couple
Ending a Common Law Marriage
Ending a common law marriage in Texas is similar to ending a formal marriage. If a common law couple decides to split up, they must file for divorce. The process of divorce for a common law marriage is the same as for a formal marriage, and the couple will need to address issues such as property division, child custody, and spousal support.
It’s essential to note that if court proceedings are not filed within two years of the separation, Texas law presumes that a common law marriage never existed, unless it is proven otherwise.
Frequently Asked Questions
Q: How do I know if I am in a common law marriage?
A: To determine if you are in a common law marriage, you must meet the requirements outlined above. If you are unsure, it’s best to consult with an experienced family law attorney.
Q: Do I need to file a declaration of informal marriage to prove my common law marriage?
A: While filing a declaration of informal marriage can help prove your common law marriage, it is not required. Other documents, such as joint bank accounts, tax returns, and insurance policies, may also be used to prove your marriage.
Q: Can same-sex couples enter into a common law marriage in Texas?
A: Yes, same-sex couples can enter into a common law marriage in Texas, and their marriage will be recognized by the state.
Q: How do I end a common law marriage in Texas?
A: To end a common law marriage in Texas, you must file for divorce, just like you would in a formal marriage. Talk to an attorney to learn about your specific legal options.
Why Choose Law Thompson, P.C.?
At Law Thompson, P.C., our experienced family law attorney has a deep understanding of the complexities of common law marriage and is dedicated to providing personalized guidance and representation to individuals and couples in Houston.
We can help you navigate the process of establishing or ending a common law marriage, and ensure that your rights and interests are protected. Contact us today to schedule a consultation and learn more about how we can help you.