Book an appointment using SetMore

How to get a Common Law Divorce in Texas

A few times a year I get a question or two regarding how to get a common law divorce.


There is no such thing as a common law divorce. If there is a valid marriage in order to be divorce you must go through the same divorce process as everyone else.

Common Law or Informal Marriage and Divorce

One way a divorce involving a common law marriage can be different is that one of the spouses may dispute that there was ever a valid marriage. If this dispute arises then a mini trial must commence to get a finding of if a valid marriage exists before the normal divorce process can resume.

Two-Year Presumption

Probably where some of the confusion regarding the existence of a "common law divorce" is that if a proceeding to prove informal marriage under family code is not commenced within two years after the parties have separated and stopped living together, there is a rebuttable presumption that the couple did not enter into an agreement to be married. This just means the person wanting prove a common law or informal marriage exists will have to put on evidence to rebut the presumption.

To prove the existence of an informal marriage, a party can present evidence of the elements of an informal marriage or by proof of either an executed declaration of informal marriage or a recorded certificate of informal marriage


An informal marriage begins when all statutory elements are concurrently satisfied in Texas and the parties have the capacity to marry. Like ceremonial marriage, an informal marriage lasts until dissolved by death, divorce, or annulment.


To meet the statutory requirements for an informal marriage, the parties must:

  1. Agree to be married
  2. Live together in Texas as husband and wife, and
  3. Represent to others in Texas that they are husband and with
Book an appointment with Law Office of Bryan Fagan using SetMore


Adobe Stock 62844981[2]If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

Other Articles you may be interested on regarding Adultery

  1. Can I sue my spouse's mistress in Texas?
  2. When is, Cheating Considered Adultery in a Texas Divorce?
  3. Sex, Lies, Rock-and-roll, and Adultery in a Texas Divorce
  4. When is, Cheating Considered Adultery in a Texas Divorce?
  5. Can I Sue My Spouse for Mental Abuse in My Texas Divorce?
  6. 6 things You Need to Know Before You File for Divorce in Texas
  7. Texas Divorce Morality Clause: Be Careful What You Ask For
  8. Is a Common Law Marriage Just as Good as a Ceremonial Marriage?
  9. Common Law Marriage: How to avoid being or getting married without your intent
  10. Frequently Asked Questions Regarding Common Law Marriage and Divorce

Law Office of Bryan Fagan, PLLC | Spring, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

Sign Up Here to Download Our eBook!

Fill out the form below 
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.