There are a lot of misconceptions out there about common law marriage, and if you have questions or concerns of your own, it’s important to understand the basics. If you are in a common law marriage, there is no easier version of divorce available to you. A breakup requires a divorce in the State of Texas, and for that, you need an experienced Round Rock common law divorce lawyer in your corner.
What Is Common Law Marriage?
In Texas, common law marriage is a marriage that is established by informal means. A common law marriage is just as legally binding as any other marriage.
Contrary to popular belief, common law marriages are not established by living together as a couple for a magic number of years. A couple who has lived together for decades may not be in a common law marriage, while another couple who has only lived together for a short time may be. In other words, whether or not the term common law marriage applies depends upon the specific circumstances involved.
In Texas, a common law marriage has three specific requirements, and none of them relate to the amount of time the couple has lived together. Consider the requirements below:
The couple must agree between themselves that they’re married.
The couple must live together in the State of Texas as “husband and wife.”
The couple must represent themselves to others as a married couple.
It’s important to note that while “husband and wife” is included in the definition of common law marriage, same-sex couples can also be in common law marriages.
When the above requirements are met, the couple is in a common law marriage in Texas. However, if either party to the purported common law marriage is already married to someone else, there is no common law marriage.
Proving that You Agreed to Be Married between Yourselves
If your common law spouse refuses to admit that you considered yourself married prior to breaking up – in order to avoid divorce terms – you may have a heated legal battle ahead of you. In these instances, the issue will likely involve proving that you lived together as a married couple and that you held yourself out as such.
In the State of Texas, couples can also sign a Declaration of Informal Marriage with the county clerk, which officially establishes the common law marriage. However, this step is not required to create a legally binding common law marriage.
Proving that You Represented Yourself as Married
There is no specific way to demonstrate that you and your partner represented yourself as married in the State of Texas. Instead, factors like the following tend to get the job done:
You lived together.
You shared a last name.
You told people you were married.
You filed your taxes as married filing jointly or as a married person filing singly.
You signed leases or other legal documents together as a married couple.
One of you included the other on their employee-based health insurance.
You made each other beneficiaries on your life insurance policies.
You applied for public benefits together as a married couple.
You applied for loans jointly.
You share children.
While any one of these elements on its own may not be enough to establish a common law marriage, a combination of several is far more compelling. Every purported common law marriage is considered on a case-by-case basis.
Which States Have Common Law Marriage?
Not all states recognize common law marriages, but Texas does. Additional common law marriage states include:
Alabama – if established prior to January 1, 2017
Colorado
District of Columbia
Georgia – if established prior to January 1, 1997
Idaho – if established prior to January 1, 1996
Iowa
Kansas
Montana
New Hampshire – for inheritance rights only
Ohio – if established prior to November 10, 1991
Oklahoma – within complicated parameters
Pennsylvania – if established prior to January 1, 2005
Rhode Island
South Carolina
Utah
In addition, every state in the nation recognizes marriages that are established in other states. This allowance means that a common law marriage can be upheld in a state that doesn’t have common law marriages. In other words, common law marriage can be a very complicated legal matter, but seasoned Round Rock common law marriage lawyers have the skill and legal insight to help.
Is There a Common Law Divorce?
There is no such thing as a common law divorce in Texas. If you have a valid common law marriage and are prepared to end your relationship, you’ll need to obtain a divorce. There is not a simpler path forward for those in common law marriages.
Those pursuing a divorce in a common law marriage must resolve any divorce terms that apply to their case.
The Division of Marital Property
Once you have established your common law marriage in court, you must divide your marital property. All the assets and debts that you, your common law spouse, or both of you together acquired during your common law marriage are considered marital property. Upon divorce, these must be divided between you equitably, which often means equally, but specifically means fairly in relation to the involved circumstances.
It is important to understand that, even if you and your common law spouse are no longer living together, the assets and debts you acquire prior to divorce are marital and will need to be addressed in the event of divorce. Seek the legal guidance of a focused Round Rock common law divorce lawyer to guide you through the process of dividing your property.
Child Custody Arrangements
If you and your children’s other parent break up, you’ll need to address the matter of child custody arrangements, regardless of whether or not you established a common law marriage. Child custody determinations are always based on the children’s best interests, and the State of Texas is invested in maximizing the parenting time schedule that each parent receives.
Child Support
Both parents are required to continue supporting their children financially after a divorce or breakup, and child support is the mechanism for ensuring this happens. Child support is calculated in relation to wide-ranging variables, but the parent who pays child support (also called the obligor) is generally the parent who earns more.
Alimony
Just as alimony can apply when a married couple divorces, it can also apply when a couple who is in a common law marriage divorces. Alimony is intended to help bridge a significant financial discrepancy between spouses post-divorce. For example, if divorce leaves you unable to continue supporting yourself at or near the standard of living you achieved during your common law marriage and your ex has the financial means to help, alimony may be ordered.
How to Divorce: Common Law Marriage
How can you end a common law marriage? You need a divorce, and a trusted common law marriage attorney is standing by to help. Too many people in common law marriages believe they can simply walk away with no legal ramifications, but if your common law spouse chooses to seek a divorce, you will be held accountable.
If you are in a common law marriage, the way out involves a divorce that is no different than the divorces sought by couples in traditional marriages. If you need to know how to get a common law divorce while protecting your financial and parental rights, don’t wait to consult with an accomplished common law marriage divorce attorney.
FAQ
The answers to the following frequently asked questions may address some of your own concerns. If you have questions specific to your case, contact a knowledgeable Round Rock common law divorce attorney.
How Many Years Are Required for a Common Law Marriage?
While living together is a piece of the puzzle that establishes your common law marriage, there is no specific requirement for the time you must live together. Living together for a certain number of years doesn’t automatically translate to a common law marriage. Instead, you’ll need to demonstrate that you and your common law spouse considered yourselves married, held yourselves out as married, and lived together as a married couple in the State of Texas. The specific amount of time you lived together is generally immaterial.
Is Proving My Common Law Marriage Only Important for Divorce?
Proving that you were in a common law marriage is pivotal to obtaining a divorce if you did not marry in the traditional sense, but it’s also important for your inheritance rights. If your common law spouse dies, you will inherit in accordance with the state’s laws of intestacy – but to do so, you must prove that a common law marriage was established in the first place.
What If My Ex Refuses to Acknowledge that We Considered Ourselves Married?
If your ex refuses to acknowledge that you considered yourselves married, you’ll need to do what you can to convince the court otherwise. Any written or recorded communications between you and your soon-to-be ex that reference this agreement can prove very powerful.
If you don’t have any written or recorded evidence, establishing your common law marriage will likely come down to demonstrating that you held yourselves out as a married couple to people in the community, that you filed your taxes as a married couple, that you availed yourselves of benefits that are awarded to married couples, that you sought loans in tandem, or that you engaged in other similar practices common with married couples.
Texas courts consider the totality of the evidence when making determinations regarding common law marriages.
Can a Same-Sex Couple Be in a Common Law Marriage?
Same-sex marriages are legal, so same-sex common law marriages are also legal in Texas. Same-sex common-law couples share all the same rights and responsibilities that any other married couple does.
What If My Common Law Spouse and I Have Been Separated for Years?
If you and the person you consider your common law spouse have been living apart for two years or more and neither of you has made a move toward divorce, the state is very unlikely to recognize your former relationship as a common law marriage. This lapse in interest generally signifies a lack of necessary intention to establish a common law marriage in the first place.
Is a Common Law Divorce Less Expensive than a Traditional Divorce?
The State of Texas doesn’t recognize anything that can be termed a common law divorce. While “common law divorce” is often used for clarity, it has the same meaning as divorce. Your common law divorce will be just as complicated, just as time-consuming, and just as costly as it would have been if you were married in the traditional sense.
When Did We Become Common Law Spouses?
There is no exact moment that a couple enters a common law marriage. Instead, the issue must be established through the court. You crossed the line from simply living together to being married as a matter of common law when you agreed that you were married and began holding yourselves out as a married couple to others.
What Are the Requirements for Common Law Marriage?
For a common law marriage to be established, the following requirements must be met – in addition to the acts that create a common law marriage:
Both parties must be at least 18 years old.
Neither party can be married to someone else.
The parties can’t be related to one another.
What If My Common Law Spouse and I Move to a State that Doesn’t Recognize Common Law Marriages?
Common law marriages can be difficult to establish even in good conditions, but moving to a state that doesn’t recognize these legal unions can make things much more challenging. If you find yourself in this situation, discuss the matter with a trusted common law marriage attorney.
Consult with an Experienced Round Rock Common Law Attorney Today
Brett Pritchard is a formidable Round Rock common law attorney at The Law Office of Brett H. Pritchard. Mr. Pritchard has the experience, legal insight, and drive to help you resolve your related concerns favorably. To learn more, contact us online or call us at (254) 781-4222 today.