Common Law Divorce

Unsure If You Have a Common Law Marriage? We Help You Understand Your Rights and Next Steps
Common law marriage in Texas can carry the same legal weight as a formal marriage. Our attorneys help you determine your status, protect your rights, and navigate disputes involving property, support, and separation.
Continue Reading ↓↓
Understanding Common Law Divorce In Texas Through Real-Life Examples

Blog

Blog

When Does Common Law Marriage In Texas Divorce Make Sense?

Blog

Child Support in Common Law Marriages in Texas: How to Prove Your Case

DIVORCE Related articles

No data was found

Our Divorce Videos

Video

Adultery: The Consequences in Texas

Video

The Importance of Hiring a Texas Divorce Attorney

Video

Avoid These Mistakes When Filing for Divorce in Harris County, Texas

Video

The Impact of Marriage, Divorce, and Remarriage on Your Estate Plan Short

Video

How to NOT lose your house E-Course Video #2

Video

Who Is Going to Pay for the School Lunches? E Course Video #5

Family Law & Estate Planning Forms

Divorce

I need a divorce. We have children under 18.

Guide outlines the process of obtaining a divorce in situations where you and your spouse have dependent children under 18 years of age or who are still in high school

Explore Guide

— Luis R., McAllen

Our family situation involved property and relatives on both sides of the border. Bryan Fagan’s attorneys handled it carefully and […]

— Maria G., Corpus Christi

Going through a custody case as a Navy family in Corpus felt overwhelming. Bryan Fagan’s team understood the deployment piece, […]

— Cole R., Midland

Mineral rights, working interests, ranch land — Bryan Fagan’s team understood all of it. They knew exactly what questions to […]

— Tom B., Amarillo

I wasn’t sure a Houston-based firm would understand what divorce looks like up here in the Panhandle. Bryan Fagan’s team […]

— Angela S., San Antonio

My husband was active duty and we had no idea how military benefits and our property would be handled in […]

— Jennifer H., Austin

My divorce involved significant tech company equity and we needed attorneys who actually understood how stock vesting and community property […]

Common Law Divorce in Austin, TX

In Texas, couples do not always need a formal ceremony or marriage license to be legally married. Common law marriage also known as informal marriage is recognized under Texas law and carries the same legal weight as a traditional marriage. Because of this, ending a common law marriage requires a formal divorce process.

If you are in a common law relationship in Austin, understanding your legal rights and obligations is essential. A knowledgeable family law attorney can help determine whether a valid common law marriage exists and guide you through the divorce process.

Key Takeaways

  • Common law marriage is legally recognized in Texas and requires a formal divorce to end the relationship.
  • Establishing a valid informal marriage is the first step before filing for divorce.
  • Factors such as children, property, and debt can impact the complexity of the divorce process.

We offer comprehensive family law and estate planning services including but not limited to the following:

Family Law
Uncontested Divorce
Contested Divorce
High net worth divorces
Mediation
Collaborative Divorce
Annulments
Child custody
Child support
Parental Visitation
Alimony and Spousal Support
Adoption
Asset division
Child Protective Services Defense
Common Law Divorce
Postnuptial agreements
Gestational Agreements
Grandparents’ Rights
Paternity Actions
Termination of Parental Rights

If you are considering an uncontested divorce in Austin, speaking with an experienced attorney can help you move forward with confidence.

What Is a Common Law Marriage in Texas?

A common law marriage is a legally recognized relationship that does not require a formal wedding or marriage license. However, once established, it is treated the same as a traditional marriage under Texas law.

This means that if the relationship ends, the couple must go through a legal divorce to resolve issues such as property division, child custody, and financial obligations.

Requirements for a Common Law Marriage

To establish a valid common law marriage in Texas, certain legal criteria must be met.

Agreement to Be Married

Both individuals must have agreed to be married.

Living Together

The couple must have lived together as spouses.

Holding Out as Married

The couple must present themselves to others as a married couple.

Legal Eligibility

Both individuals must be of legal age and not currently married to someone else.

In some cases, couples may also file a declaration of informal marriage with the county clerk, though this is not required to establish the relationship.

Presumption of No Marriage

Texas law includes an important provision regarding informal marriages. If a couple separates and does not take legal action within two years, the law may presume that no marriage existed.

However, this presumption can be challenged if sufficient evidence demonstrates that a valid common law marriage was established.

Filing for a Common Law Divorce in Austin

The process for ending a common law marriage is similar to a traditional divorce, but it begins with establishing that a valid marriage exists.

Filing the Divorce Petition

A spouse must file a divorce petition in the appropriate Texas district court, identifying the relationship as an informal marriage.

Providing Marriage Details

The petition should include the date the couple began living together as spouses and other relevant information about the relationship.

Meeting Residency Requirements

At least one spouse must have lived in Texas for six months and in the county for at least 90 days before filing.

Serving the Other Spouse

The filing spouse must formally notify the other party through proper legal service.

Issues Addressed in Common Law Divorce

A common law divorce addresses the same legal issues as any other divorce.

Property Division

Marital property is divided according to Texas community property laws.

Child Custody and Support

If children are involved, the court determines custody arrangements and child support obligations.

Debt Allocation

Marital debts must also be divided between the parties.

The complexity of the case often depends on the extent of shared assets and responsibilities.

When Legal Assistance Is Important

Common law divorce cases can involve disputes over whether a valid marriage exists, which can significantly affect the outcome of the case. Legal representation can help clarify these issues and ensure that your rights are protected.

An experienced attorney can assist with:

  • Determining whether a common law marriage exists
  • Filing and managing the divorce process
  • Negotiating property and custody matters
  • Representing you in court if disputes arise

Moving Forward with a Common Law Divorce

Ending a common law marriage can involve both legal and emotional challenges. Understanding the requirements and legal process can help you approach the situation with greater confidence.

For individuals in Austin facing a common law divorce, consulting with an experienced family law attorney can help ensure that your case is handled properly and that your interests are protected throughout the process.

Frequently Asked Questions

Contact Us

The First Step is Starting a Conversation with us about your Divorce Related Matters

Scroll to Top

Law Office of Bryan Fagan, PLLC

Law Office of Bryan Fagan, PLLC · Available 24/7