Define Common Law Marriage in Texas:
In Texas, a common law marriage is a legal marriage that is formed without a formal ceremony or marriage license. It is recognized by the state if certain conditions are met, regardless of whether the couple ever obtained a marriage license or had a ceremony. This legal recognition means that couples in a common law marriage are subject to the same rights and responsibilities as couples who are formally married.
To establish a common law marriage in Texas, several requirements must be met:
Agreement to be Married: Both parties must agree to be married.
Cohabitation: The couple must live together as spouses.
Holding Themselves Out as Married: They must present themselves to others as a married couple. This can include using the same last name, referring to each other as husband and wife, and filing joint tax returns.
Intent to be Married: Both parties must have the intent to enter into a marital relationship.
It’s essential to note that Texas is one of the few states that still recognizes common law marriage.
Whether a Divorce is Required:
Yes, a formal divorce is required to end a common law marriage in Texas. Even though the marriage was not formalized through a traditional ceremony or marriage license, it is legally recognized, and therefore, must be dissolved through a legal process.
A divorce is necessary to legally terminate the marital relationship and address important issues such as property division, child custody, visitation rights, child support, and spousal support.
Steps to File for Divorce:
Filing for divorce in Texas, whether it’s for a common law marriage or a formal marriage, involves several steps:
Residency Requirements: At least one spouse must have been a resident of Texas for six months and a resident of the county where the divorce is filed for at least 90 days.
Filing Necessary Paperwork: The spouse initiating the divorce (the petitioner) must file a Petition for Divorce with the appropriate court. This document outlines the grounds for divorce and the relief sought.
Legal Representation: While it’s possible to file for divorce without an attorney, seeking legal representation is advisable, especially in cases involving complex issues such as child custody or significant assets.
Understanding the Divorce Process: Once the divorce papers are filed, the other spouse (the respondent) must be served with a copy of the petition and given the opportunity to respond. The divorce process may involve negotiations between the spouses or court hearings if disputes cannot be resolved amicably.
Considerations for Common Law Divorce: In cases of common law divorce, there may be additional challenges, such as proving the existence of the marriage and establishing the date of marriage for property division purposes. It’s essential to gather evidence, such as joint bank accounts, shared bills, or testimony from witnesses who can attest to the couple’s relationship.
Legal Resources:
For individuals seeking more information or assistance with common law marriage and divorce in Texas, several legal resources are available:
Texas State Bar Website: The Texas State Bar provides information on family law matters, including divorce and common law marriage.
Legal Aid Organizations: Organizations such as Texas Legal Services Center and Lone Star Legal Aid offer free or low-cost legal assistance to individuals who qualify based on income.
Reputable Legal Websites: Websites such as FindLaw and LegalZoom provide articles and resources on common law marriage and divorce in Texas.
Conclusion
Navigating the complexities of common law marriage and divorce in Texas can be challenging, but with the right information and legal assistance, individuals can successfully dissolve their marriages and move forward with their lives.
FAQs
How to dissolve common law marriage in Texas?
To dissolve a common law marriage in Texas, you need to go through a formal divorce process, just like a traditional marriage. This involves filing a petition for divorce, reaching agreements on property division and support, and obtaining a final divorce decree from the court.
What are the property rights of a common law marriage in Texas?
In a common law marriage in Texas, property acquired during the marriage is generally considered community property, meaning it’s owned jointly by both spouses. Upon dissolution, it’s divided equally unless a different arrangement is agreed upon or ordered by the court.
How long can you live together in Texas for common law marriage?
There’s no set time requirement for common law marriage in Texas. Instead, it’s based on factors like presenting yourselves as married, cohabitation, and intent to be married. If these conditions are met, you could be considered common law married regardless of the duration of cohabitation.