Can I Get a Divorce to End My Common-Law Marriage in Texas?

 Posted on November 19, 2024 in Divorce

Common-law marriage is a legally recognized form of marriage in Texas that can have significant implications for property division in a divorce. Unlike traditional marriages requiring a marriage license and a formal ceremony, common-law marriages are formed through the actions and intentions of the couple.

There are some unique rules and guidelines in Texas for common-law marriages that could impact how assets and debts are divided in the event of a divorce. If you and your common-law spouse are considering separating, speak with an Austin, TX family law attorney to understand how it might affect your property and assets.

What Does Common-Law Marriage Mean?

Texas is one of the few states that recognizes common-law marriages, but all couples who live together do not automatically qualify as being in a common-law marriage. To be considered legally married in Texas without a formal ceremony, the following needs to happen:

• Agreement to be married: Both parties must agree that they are married. The agreement does not have to be in writing and does not require a formal wedding ceremony. It is enough for the couple to make verbal statements, such as introducing each other as "husband and wife" or telling people that they are married.

• Cohabitation: The couple needs to live together in Texas as spouses. There is no time requirement for how long they need to live together to be considered a common-law marriage.

• Presenting themselves as a married couple: The couple must present themselves to the public as a married couple. Filing joint tax returns, using the same last name, introducing each other as spouses to other people, and referring to themselves as married on official documents like leases or credit accounts are all ways to do this.

According to Texas law, if a couple does these things, that is enough for them to be considered legally married.

What Happens When a Common-Law Marriage Ends?

As soon as a common-law marriage is established in Texas, the couple is treated the same as a formally married couple. This has significant implications for property division in a divorce.

Since Texas is a community property state, most property acquired during a marriage is considered joint property subject to a fair division in the event of a divorce. Common-law marriages are no exception.

Texas courts will consider various factors when determining the division of assets when a common-law marriage ends. These include:

• Each spouse’s earning capacity

• Each spouse’s financial needs

• How long the couple was together

• Whether either spouse contributed to the other’s education or career

However, it can be challenging to prove that you were in a common-law marriage instead of a less formal relationship. Since there are no official records of the marriage, like a marriage certificate, one spouse can deny that they were married. That can make it much harder to demand an equitable share of the assets the couple acquired. If you are ending a common-law marriage, a skilled divorce lawyer can help you prove the nature of your relationship so that you can end up with a fair settlement.

Contact a Travis County, TX Divorce Lawyer

Common-law marriage in Texas has the same legal standing as a formal marriage, but it can be complicated to prove the nature of the relationship. If you are facing challenges as you navigate ways to formally end the marriage and divide your assets, an experienced Austin, TX family law attorney can help. Call Powers Kerr & Rashidi, PLLC at 512-610-6199 to schedule a private consultation.