Have you ever thought that since you have lived with your partner for a long period, your relationship qualifies as a common-law marriage? There is usually a lot of confusion understanding the concepts and details about this sort of relationship.
To help people understand the technicalities of a domestic partnership or common law marriage in Texas, Managing Partner Tyler Monahan of Turner Monahan PLLC dives into the details.
So, if you are in such a relationship and want to discuss your case, then schedule a free consultation with Turner-Monahan, PLLC., Fort Worth, Texas at https://tumolaw.com/contact-us/
What is a domestic partnership?
Tyler explains in the video that a domestic partner in the eyes of the court and the family code is what we would call a “Common Law Marriage”. According to Texas Law, if you and your partner agree to a marriage, live together, and present yourself as married, you can be considered a married couple. A common law marriage is free from formalities like countless documentations and not to forget a marriage ceremony.
In addition to the above, the couple will need to have proof of their informal marriage. To establish it in Texas, the parties will have to file a form. They can get the form from the local county clerk’s office. It is known as the “declaration of informal marriage“. By signing this form, the couple will get an informal license.
According to Texas Family Code Chapter 2, Section 401, three elements are needed for a common-law marriage to take place:
- The couple agrees to be married;
- The couple agrees to live together as husband and wife;
- The couple represents themselves as a married couple to others.
Aside from the elements mentioned above, according to the Texas Family Code, three requirements must be met to enter into a common-law marriage. You and your spouse must be:
- At least 18 years of age;
- Unrelated to each other;
- Not married to anyone else during this time period.
Factors that matter in a common-law marriage
Tyler elaborates that numerous factors go into determining if somebody is common law married. Some of those factors are whether or not:
- you have held out to the community that your husband and wife
- you have taken the other party’s name
- you have bank accounts together
- you file for taxes together
- you may have utility bills and phones together
The courts will consider whether or not any of those have been done either over the past year, two years, three years, five years, 10 years, or multiple years.
Common-Law Marriage and Divorce
Though common-law marriage sounds like an easier version of marriage, it is not always the case. If the couple decides to get separated, this marriage type does require a proper divorce. The process includes all of the similar proceedings that take place in the case of the actual marriage.
This is because the court considers your informal marriage as valid and legally recognizes it. Though people don’t get to have marriage ceremonies to tie knots, they do go through divorce hearings.
Every common law marriage case is unique. For example, the court’s proceedings will vary if a couple has children together than in the case of those who don’t have children but do own mutual assets.
It is better to have pre-nuptial agreements to overcome some of the issues that might come your way, such as equal property division. Read about how these agreements serve as mature preventive steps. The attorneys at Turner-Monahan, PLLC, are highly experienced in all types of cases related to family law.
Get Expert Help from a Fort Worth, Texas Divorce Attorney
The information stated above acts as a brief regarding the common law marriage. Contact attorney Tyler Monahan and schedule a free consultation if you are thinking of entering into such a relationship or need more information about the divorce process. Discussing with an experienced and expert professional who has a firm grip on family law prior to making any commitments will benefit.
Get information on the division of marital assets, or click here to find out more about our services.
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.
