Legal Guidance from Trusted Family Law Attorneys
In Kingwood, Texas, common law marriage—also referred to as informal marriage—is recognized under state law. While couples aren’t required to hold a ceremony or obtain a marriage license, once a common law marriage is established, it carries the same legal weight as a formal marriage. If the relationship ends, a formal divorce process is required, just like in a traditional marriage.
Understanding Common Law Divorce in Kingwood
Common law divorce begins with confirming that a valid informal marriage existed. If you and your partner have limited shared assets or no children, the process may be relatively simple. However, disputes over custody, property, or debt can quickly make matters more complex.
Under Texas law, if a couple separates and lives apart for two or more years without filing for divorce, the court may presume that no common law marriage existed—though this can be challenged with evidence.
We offer comprehensive family law and estate planning services including but not limited to the following:
Trust us with your Family Law needs in the Kingwood. You can schedule a free consultation to your Kingwood Family Law Attorney at 281-562-7344 or online today.
What Qualifies as a Common Law Marriage in Texas?
To be recognized as a common law marriage, all of the following must be true:
- Both parties agreed to be married
- You lived together in Texas as spouses
- You represented yourselves as married to others (e.g., using the same last name, filing joint taxes)
- Both individuals were of legal age and not married to someone else at the time
How to File for Divorce in Kingwood
To begin the process:
- Complete a Petition for Divorce – This can typically be found on your county’s website.
- Specify the relationship as an informal marriage, using the date when cohabitation began.
- Serve your spouse with the petition—either through a private process server or a local law enforcement officer.
From there, issues like asset division, custody, and support will be addressed similarly to a formal divorce.
Let the Law Office of Bryan Fagan Help You Move Forward
Ending a relationship is never easy—especially when it involves legal uncertainty. At the Law Office of Bryan Fagan, PLLC, we help clients in Kingwood and surrounding areas navigate the complexities of common law divorce with clarity, professionalism, and compassion.
Call us today at 281-562‑7344 for a free, no-obligation consultation, and let us help you start your next chapter with confidence.
