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- COMMON LAW MARRIAGE AND DIVORCE IN TEXAS.
- What Is Common Law Marriage In Texas??
A common law marriage comes into existence when a couple live together without obtaining a marriage license. The requirements of a common law marriage may vary for different states.
- Can You Claim Common Law Marriage in Texas?.
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- Common Law Marriage.
If, however, you and your partner wish to enter a common law marriage, you must meet some basic criteria:. When Common law marriage couples wish to separate, they are required to go through the same legal proceedings as traditionally married couples.
Either of the partners will have to prove the validity of the marriage, and to prevent the other partner exercise community separation rights, one of the spouses may try to prove the marriage did not existed. Property division rules as dictated by Family Law Act are not applicable in common law marriages. Partners in a common law marriage cannot claim a share in the property or assets held by the other partner.
Married or Not Married, That is the Question: Common Law Marriage in Texas
The rights to the property they brought or any additions to existing assets made during the marriage is exclusively held by the partner. Both the partners, however, can claim a share in the property they acquired jointly during the marriage. If one of the partners contributed financially or in some other way to enhance the value of assets held by the other person, they can claim a share in respect to their contribution.
For couples filing a common law divorce, understanding the rights and responsibilities can be an uphill task. This is when our expert common law marriage lawyers can help.
Our team consists of licensed common law attorneys who have years of experience in handling divorce cases. We provide assistance at every step, from completing paperwork to negotiating an agreement covering all key aspects such as child support and alimony.
A Real Life Example
We follow a transparent process and do not charge any retainer fees to minimize the financial burden for our clients. Although it sounds decidedly old-fashioned, common law marriage is alive and well and recognized in a few states, including Texas.
If you are not sure whether your relationship constitutes a common law marriage, your best course of action is to consult with a Dallas divorce attorney. The following provides some basic information to get you started in understanding how common law marriage is treated in Texas. Contrary to what many people think, there are no specific rules about the number of years a couple must cohabitate in order to be considered married under the common law. Rather, in assessing the nature of a relationship, a court will look for the presence of a number of factors and, at the end of the day, will decide based on the circumstances of the relationship.
Dissolving a Common Law Marriage
While these factors are certainly not exhaustive or even requirements — you can certainly be married without sharing credit cards, for example — they help the court decide whether the circumstances of the relationship indicate that a marriage exists. A Dallas divorce attorney can advise you further on your marital status under Texas law.
When a couple dissolves a common law marriage, they face the same laws and hurdles that a traditional married couple faces. They must file for divorce and go through the same legal procedures if they want to end the marriage. Further the same child support and child custody laws apply when the children are born to a couple considered to be married under the laws of informal marriage.
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The court will use the same statutory guidelines in deciding custody of the children as they will for children from formal marriages. In order to assert that you were bound to another by informal marriage, you will need to file an action for proof of marriage within two years of splitting up, or you will lose your right to assert that you were in an informal marriage.
If you are in a common law marriage in Texas and are contemplating divorce, we can help. Please call Michael P.