Does Texas Recognize Common Law Marriage?
A common law marriage is a marriage that was formed because of a couple’s intentions and circumstances—not because they signed/submitted any paperwork. Texas is one of several U.S. states that fully recognizes common law marriage. In this article, our Houston divorce attorney discusses important points to know about common law marriage (and divorce) in Texas.
What is Common Law Marriage?
The National Conference of State Legislatures (NCSL) explains that a common law marriage is a legally recognized marriage without an official marriage license/marriage ceremony. Described another way, common law marriage is an informal, but still legally recognized marriage. A couple who is commonly married has a valid marriage just the same as any other couple.
The Standard to Get a Common Law Marriage in Texas
You are not married by common law in Texas simply because you say you are. While there is no formal registration required, there are still legal requirements that must be met. The Texas State Law Library explains that all of the following are needed for a valid common law marriage:
- Each party must be 18 or older to at the time the marriage was entered;
- Neither party can be married to any other person in Texas (or another state);
- Each party must agree to be married to the other—marriage cannot be formed by one party;
- The parties must cohabitate together in Texas after the agree to be married; and
- The parties must, at some point, represent to others that they are a married couple.
There is No “Common Law” Divorce Process (Same Rules Apply in Texas)
Many marriages end in divorce. That is true of both common law marriages and traditional marriages. Notably, Texas does not have a separate process for divorce for a common law marriage. It is a valid marriage and, as such, the law is the same. In other words, a couple ending a common law marriage in Houston or elsewhere in Texas must undergo the same legal steps, including filing a petition for divorce and resolving issues like property division, alimony, child custody, and spousal support. For example, the Texas community property standard still applies to common law marriage. Similarly, the best interests of the child standard is used for issues of custody/visitation.
Note: The one big difference between common law divorce and a traditional divorce is that you will need to prove the validity of your marriage. That may or may not be an issue in your case. With some common law divorces, one party may deny that a marriage was formed at all.
Get Help From Our Houston, TX Divorce Attorney Today
At Lindamood & Robinson, P.C., our Houston divorce lawyer is standing by, ready to help. If you are preparing for a divorce in a common law marriage, please do not hesitate to contact us today for a fully confidential, no obligation initial consultation. From our conveniently located Houston office, we handle common law divorces all across the wider region.
Source:
ncsl.org/human-services/common-law-marriage-by-state
