Common law marriages are often created when couples live together for a long period of time and consider themselves married. This form of a union can be more complex than traditional marriages because the government does not recognize them, and couples may have to take extra steps to protect their property and finances.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, gets into the details of a common law marriage and the separation agreements. All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in the light of Texas Family Law. This content is for educational purposes only.
Common Law Marriage & The Separation Agreement
It is common for Turner-Monahan, PLLC, to get cases where it has to be determined whether or not there’s an informal marriage. Plus, whether the clients can just do a separation agreement.
In Texas, there’s no such thing as an informal marriage. However, there is a form of union that is referred to as a “common law marriage”. To be in one, you must meet the following requirements:
- You must be 18 years or older.
- You must live together in Texas.
- You must agree to be married.
- You must hold yourselves out to the public as husband and wife.
If you meet these requirements, you are considered to be in a common-law marriage in Texas, and your rights and obligations will be the same as those of any other married couple.
Courts Vs. Common Law Marriages
There is a factors test that’s used by the court to determine whether or not you have what’s called a common law marriage. The other party may try to fight and say there is none. Whereas you’d have to go in and prove to the court the factors and have the court substantiate that there is a marriage.
On the flip side of that, when people are stating that they are married and they no longer want to be together, they don’t want to get divorced. They want to do a Separation Agreement.
However, it should be noted that there is no such thing as a Separation Agreement in the state of Texas. Therefore, the Texas courts do not notice or do not look upon separations or Separation Agreements as any type of legal or binding agreement between the parties.
To know more about the question, “Do we need to go through a divorce if we have a common-law marriage?” click here.
The “Common Law Marriage” Under The Texas Family Code
Under Texas law, the informal or common law marriage is defined in detail. Subchapter E of Chapter 2 is solely dedicated to “Marriage without formalities”. Here is what Sec. 2.401. states regarding proof of informal marriage:
(a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:
(1) a declaration of their marriage has been signed as provided by this subchapter; or
(2) the man and woman agreed to be married, and after the agreement, they lived together in this state as husband and wife, and they represented to others that they were married.
(b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.
(c) A person under 18 years of age may not:
(1) be a party to an informal marriage; or
(2) execute a declaration of informal marriage under Section 2.402.
(d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.
Hire An Experienced Texas Family Attorney
Texas recognizes common law marriages as equal to formal marriages, but there are still some protections you should have in place should something unfortunate happen to your family.
The Carlson Law Firm can help you understand how the law affects your family. Protecting your rights is our priority as we guide you through Texas’ complex family code.
To schedule a free, no-obligation consultation, contact attorney Tyler Monahan and schedule a free, no-obligation consultation to review the details.
In addition, check our website for more information about our services. Go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like What Is A Common-Law Marriage? Can I Get A Divorce From It?
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What NOT to do During Your Divorce: How Your Social Media Use Is Hurting Your Divorce?
- Does It Matter Who Files for Divorce First?
- What Is The Difference Between Prenuptial And Postnuptial Agreements?
- What Should I Bring With Me For My Initial Consultation With The Law Office Of Turner Monahan PLLC?
- When Should I Consult A Divorce Attorney?
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.
