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Let The Law Office of Bryan Fagan Guide You
Texas continues to recognize common law marriage, also called an informal marriage, where two people live together and present themselves as a married couple without a ceremony or marriage license. Once proven, a common law marriage is legally valid—meaning that to end the relationship, you must go through the formal divorce process.
If you believe you’re in a common law marriage and want to protect your rights during separation, The Law Office of Bryan Fagan, PLLC can help. Our Southtown family law attorneys have extensive experience handling common law divorce cases throughout Texas.
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Start your case today by calling 430-300-3167
Filing for a Common Law Divorce in Southtown
When a couple has few shared assets, debts, or children, ending a common law marriage may be relatively simple. However, if property, finances, or parenting arrangements are involved, the process can quickly become more complicated.
In Texas, common law divorces follow the same procedures as traditional divorces. Before filing, it’s crucial to confirm that your relationship meets the legal criteria for an informal marriage under Texas law.
If you and your partner have lived separately for two years or more without taking steps to end the relationship, the court generally presumes that no marriage existed. However, this presumption can be overturned with sufficient evidence.
For couples with children but no property or debt, you may instead file a Suit Affecting the Parent-Child Relationship (SAPCR) to address child custody, visitation, and support arrangements.
Requirements for a Common Law Marriage in Texas
To establish a valid common law marriage, all the following conditions must be met:
Both partners agreed to be married and lived together in Texas as spouses.
You represented yourselves to others as a married couple.
Neither person was under the age of 18.
Neither person was legally married to someone else.
A declaration of informal marriage may be signed and filed with the county clerk (optional but helpful evidence).
The attorneys at The Law Office of Bryan Fagan can help you determine whether your relationship qualifies as a common law marriage and guide you through the next steps.
How to File for Divorce in Southtown
To begin, download a petition for divorce from the Bexar County website. Fill out the form, providing information about any children, property, or debts. When entering your date of marriage, list the date you and your spouse began living together and note that your marriage is informal.
Once completed, file your petition with the district court in Bexar County, or the county where you or your spouse has lived for at least three months. After filing, request a citation—a document notifying your spouse of the divorce and how long they have to respond.
Next, serve your spouse with the citation and a copy of the petition. This can be handled by a private process server, sheriff, or constable. If you use a private process server, ensure their affidavit of service is filed with the court to verify delivery.
If you need assistance at any point, The Law Office of Bryan Fagan, PLLC can walk you through each step of the filing process and ensure your rights are protected.
Helpful Resources
Am I Married? – Understanding Marital Status in Texas
Common Law Marriage in Texas
Non-Marital Cohabitation Agreements for Unmarried Couples
Turn to The Law Office of Bryan Fagan for Support
Whether your spouse agrees to the divorce terms or disputes them, having skilled legal representation is vital. Our Southtown family law attorneys at The Law Office of Bryan Fagan, PLLC are committed to protecting your interests and helping you achieve a fair outcome.
We understand that ending a marriage—formal or informal—can be emotionally draining. Our team provides compassionate, knowledgeable representation to guide you through each stage of the process.
Call 430-300-3167 today to schedule your free consultation with The Law Office of Bryan Fagan, PLLC, and take the first step toward resolution with a trusted Southtown divorce attorney by your side.
