Many couples have since chosen to go to non-traditional ways of union. Traditionally, couples marry before a judge or in a church. Now, they can formally agree upon being in a common-law marriage instead. This allows them to be recognized by the government and other institutions as married without being formally married.
In the video, he shares that the dissolution of a common-law marriage wholly depends on the judiciary’s decision. For the judiciary to determine whether your union is a common-law marriage, it has to comply with the characteristics of what makes it a common-law marriage.
Characterizing a Common-Law Marriage in Texas
The Texas Family Code has provided valuable legal resources on characterizing what makes a common-law marriage in Texas.
According to the Texas Family Code Chapter 2, Section 2.401, the common-law marriage of a man and a woman, or persons of the same-sex must fulfill the following:
- A common-law marriage declaration must be signed provided by the judiciary.
- Agree to live together in Texas as husband and wife and represent themselves as husband and wife to others.
There are other legal requirements for couples to be able to enter a common-law marriage recognized by the state of Texas. These requirements are the following:
- The person participating in the union must be 18 years old and above.
- The couple in union must not also be related by consanguinity as stated in the Texas Family Code, Chapter 6, Section 6.201
- The person participating should not be currently married or in another common-law marriage with another person.
Debunking Most Common Myths of a Common-Law Marriage
That being said, there are still a couple of common myths that surround common-law marriages in Texas. The most common of which is that, as long as the couple is living together it is automatically considered as one.
Myth 1: A couple living together for more than 3 years is already in a common-law marriage.
False. The myth that if a couple has been living together for a certain period of time must be considered a common-law marriage is false. It is a common misconception that most people make and it may be because of the duration of living in the same house as “man and wife”.
Following the Texas Family Code Chapter 2, Section 2.401, the couple must declare their informal union first and foremost.
Myth 2: Common-law marriage isn’t the same as being married traditionally.
Somewhat true. It is true that common-law marriage isn’t the same as being married traditionally in the church or in court. From the legal aspect, the difference stops there.
Once you have obtained your common-law marriage declaration, submitted it to the Texas judiciary, and have fulfilled the rest of the requirements, your union will be recognized by the Texas court.
Once the union is recognized, you will be receiving the same rights as a traditionally married couple. This means that custody, division of property, and others will have the protection of the law under your union.
Myth 3: Divorcing a common-law marriage is easier than divorcing a traditional marriage.
Somewhat true. Being in a common-law marriage is somewhat easier than a traditional marriage to some extent. Couples can simply ignore the fact that they lived as a married couple. They can simply choose to move on despite the fact that they presented themselves as a married couple. In such a case, this is practical because, among which, it removes the cost of hiring a divorce attorney.
Nevertheless, it is safer to go through the process of divorce. Quite notably, if there are properties and children involved. Divorce will offer safety not only for the couple separating, but for the children or the properties that are shared between them.
Once the couple has decided to finalize their relationship and go their separate ways, one of them must file for a divorce within two years of their agreed separation. Otherwise, the court will simply presume that both parties did not have any agreement to be married or be in the union in the first place.
Divorcing a Common-Law Marriage in Fort Worth, Texas
Common-law marriages are unions that the Texas judiciary court legally recognizes. Having fulfilled the requirements following the Texas Family Code Chapter 2, Section 2.401, the union will receive the same legal protection as a traditional marriage. The recognition also applies to same-sex unions following the U. S. Supreme Court decision in 2015.
While it is a common assumption that common-law marriages do not have to go through a divorce to be dissolved, it is highly important to go through the process, especially if there are children and assets involved.
Again, a common-law marriage is legally recognized by the Texas judiciary court; thus, the children and assets will have the same protection as in a traditional marriage.
Even though it might be easier to dissolve a common-law marriage on the basis that the court can presume that the union did not exist, a divorce will be a great opportunity to ensure that the union will have a clean-cut ending that is also recognized by the state.
Need a divorce lawyer to help you through your common-law marriage divorce? Getting a divorce attorney in Fort Worth, Texas, will be your best bet. Call Turner-Monahan Law and get a free consultation today!
