Common Law Marriage and Divorce in Texas

Common Law Marriage and Divorce in Texas

By Frank Vendt |

Texas recognizes common law marriages (also known as informal marriages). A common law marriage is just as legally binding as marriage. In fact, couples who separate, must go through divorce the same way as a married couple would. Both individuals agree that they were living as a married couple, were living together, and presenting themselves to be just like a married couple. Texas is still one of the few states to recognize common law marriages.

A Texas Common-Law Marriage

A common-law marriage in Texas requires certain indicators that the two partners were living as a married couple (excluding those couples where a partner was underage or already married). Generally, these indicators are:

  • Both partners signed a Declaration of Informal Marriage with the county clerk.
  • Both partners presented themselves as a married couple within the community.
  • One of the partners took the other’s last name.
  • The couple filed joint tax returns as spouses (or one partner filed as “married filing single”).
  • The couple signed legal documents or leases as a married couple.
  • The couple made major purchases jointly.
  • One or both partners were included in the other’s health insurance.
  • One or both partners are the beneficiaries of the other’s life insurance policy.
  • The couple applied for loans jointly.
  • One of the partners applied for public aid and listed the other as a spouse.
  • The couple has children together.

While there no silver bullet signifies a common-law marriage in Texas, the court will look at the entirety of the relationship to determine whether a common-law marriage exists.

A Texas Common-Law Divorce

The fewer ways that you were bound in a Texas common-law marriage, the less difficult obtaining a common-law divorce will likely be. For example, if you have children together, own property together, and share debt, you are likely to encounter a more difficult or complex divorce. Texas offers couples involved in common-law marriages the option of obtaining a garden variety divorce to address their legal issues, but the court must first determine that your relationship was, indeed, a common-law marriage.

Extenuating Circumstances

Not all common-law divorces are created equal. If you and your partner remain apart for two years but never take legal action aimed at ending your union, the court will interpret this as indicating that no marriage existed. This interpretation, however, can be rebutted by evidence. Furthermore, if you and your partner have children together but share no property or debt, you can file a Suit Affecting the Parent-Child Relationship (SAPCR), which will allow you and the other parent to legally resolve your issues involving custody, parenting time, and child support.

Consult With A Richmond, Texas, Divorce Attorney

If you are considering a common-law divorce in Texas, the Vendt Law Firm, P.L.L.C., is here to help you navigate this often-complicated terrain. Attorney Frank J. Vendt is a skilled Texas divorce lawyer who focuses on solution-based legal guidance. Schedule a consultation with Mr. Vendt today by calling our office at (832) 276-9474 or by contacting us online.