Houston, TX, Common Law Divorce
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Houston is one of the few places in Texas where common law marriage is legally recognized. This type of union does not require a formal ceremony or marriage license but is still considered just as valid as a traditional marriage once established. Because of this, couples in a common law marriage must go through formal divorce proceedings to legally end their relationship.
To get started on your case, contact us at (713) 701-9322 today!
Filing for a Common Law Divorce in Houston
The fewer shared assets and responsibilities you have, the simpler the divorce process tends to be. Factors such as children, property, and debt can complicate separation. In Texas, couples can pursue a standard divorce to address these matters. The process is similar to a traditional divorce, but first, you must determine whether a common law marriage (also known as an informal marriage) exists.
If you and your spouse live separately for two years without taking legal steps to dissolve the marriage, Texas law presumes that no marriage ever existed. However, this presumption can be challenged with sufficient evidence.
Criteria for a Common Law Marriage in Houston
To establish a common law marriage in Houston, the following criteria must be met:
- The couple must have signed and registered a declaration of marriage with the county clerk.
- They must have agreed to be married, lived together as spouses, and presented themselves to others as a married couple.
- Both individuals must have been of legal age at the time.
- Neither person could have been legally married to someone else.
Filing for Divorce in Houston
If you need to file for divorce, you can download a petition for divorce from the Harris County website or the website of your respective Texas county. Complete the petition, providing details about children, assets, and debts. When asked for the date of marriage, enter the date you and your spouse began living together as a married couple and indicate that your marriage is informal.
File your petition with the district court in the county where either you or your spouse has lived for at least three months. Request a citation from the clerk, which is a legal notice informing your spouse of the divorce filing and the timeframe to respond.
You must then serve your spouse with the citation and a copy of the filed petition. This can be done by:
- Hiring a private process server to deliver the documents.
- Requesting service through the sheriff or constable in your county.
If a private process server is used, they will provide an affidavit of service, which must be filed with the court.
Helpful Resources
- Am I Married? – Marital Status in Texas
- Non-Marital Conjugal Cohabitation Agreements for the Unmarried Couple in Texas
- Common Law Marriage in Texas
Let Us Help You Through This
Filing for divorce can sometimes be quick and simple if your spouse agrees with your submitted petition. However, if he or she does not agree, you will likely need to enter into negotiations or even litigation with them. If this is the case, don’t hesitate to give our skilled Houston, TX, family law attorneysa call. The Law Office of Bryan Fagan, PLLC has years of experience helping people with various family law matters. We understand that this may be an extremely stressful situation for you and your family. Let us see how we can best assist you in your case.
Contact us at (713) 701-9322 to schedule your free consultation today.
