When couples live together, share their lives intimately, and present themselves to the world as married, they might not realize that under certain conditions, their relationship may be considered a common law marriage or “informal marriage,” as it is known in Texas.
But what happens when such a relationship ends? Do you need to go through a formal divorce process just like traditionally married couples? Let’s delve into the heart of Texas Family Law to answer this pressing question.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Common Law Marriage in Texas
Firstly, it’s important to understand what constitutes a common law marriage in Texas. According to the Texas Family Code, a couple is considered informally married if they agree to be married, live together in Texas as a couple, and represent to others that they are married. Each of these components is crucial and must be proven should the matter be brought before a court.
The Need for Divorce in Common Law Marriages
Just like any marriage, a common law marriage is legally binding. This means if you decide to part ways, you are not simply “breaking up” but rather, you are seeking a dissolution of marriage. In Texas, the same rules that apply to a formal marriage largely govern the dissolution of a common law marriage. This includes the division of property, child custody, and potential spousal support.
Texas Family Code and Common Law Divorce
The Texas Family Code does not differentiate significantly between the dissolution of a common law marriage and a formal marriage. As such, couples seeking to end their common-law marriage must file for divorce and go through the same legal process as traditionally married couples. Specifically, you’ll need to reference:
- Texas Family Code, Chapter 6: This chapter covers the “Suit for Dissolution of Marriage” and outlines the grounds and procedures for divorce in Texas.
- Texas Family Code, Section 2.401: This section details the recognition of informal marriages and the requirements for proving such a marriage exists.
The Divorce Process for Common Law Marriages
The process will typically involve:
- Filing a Petition for Divorce: You must file a legal petition with the court stating the grounds for your divorce.
- Proof of Marriage: You’ll need to provide evidence of your common law marriage, which might include joint tax returns, a shared lease, or statements from friends and family.
- Settlement or Trial: Like any divorce, if you and your partner can agree on the terms, you can settle. If not, the court will decide on property division, child custody, and support matters.
Special Considerations in Common Law Divorce
It’s vital to note that if a common law marriage is disputed, the burden of proof lies with the person asserting the existence of the marriage. Proving the existence of your marriage might be more complex without formal documentation, making legal counsel crucial.
The Role of Turner Monahan PLLC
When facing the complex and emotionally charged process of dissolving a common law marriage, having experienced legal representation is invaluable. At Turner Monahan, PLLC, we understand the intricacies of Texas Family Law and the nuances of common-law marriages. Our dedicated team, including Attorney Tyler Monahan, has been navigating families through these turbulent waters for decades.
Our firm is committed to providing you with the personalized, aggressive representation needed to protect your rights and assets during a divorce, whether common law or traditional. With our profound understanding of the Texas Family Code and our unwavering dedication to our clients, Turner Monahan PLLC stands ready to assist you in this critical time..
Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
