Posted by Mary E. Ramos | Divorce
You and your partner have been together for years and refer to each other as spouses. You’ve combined finances, raised children, and even presented yourselves as married to friends and family. Now, the relationship has ended, but you’re left wondering—does Texas consider this a marriage, and how do you get a divorce if there’s no marriage license?
For many Texans in a common-law marriage, the process of divorce can feel uncertain. Fortunately, Texas law provides clear guidelines for common-law marriages and the steps needed to end them. Below, the Ramos Law Group, PLLC team details what you need to know about common-law divorce in Texas.
What Is a Common-Law Marriage?
In Texas, a common-law marriage—also known as an informal marriage—exists when a couple meets the following criteria:
- Both individuals agreed to be married,
- They lived together in Texas as spouses after the agreement, and
- They represented to others that they were married.
Unlike formal marriages, a common-law marriage doesn’t require a ceremony or marriage license. However, proving the existence of a common-law marriage can become complicated, especially during a divorce.
Texas Family Code § 2.401 requires evidence of these three elements to establish a common-law marriage. Without proof, the court may not recognize the relationship as a valid marriage, which can significantly impact the divorce process.
Can You Get a Divorce Without a Marriage License?
Yes. If you can establish a common-law marriage by showing the three previously listed criteria, you must follow the same legal process to dissolve the relationship as a traditionally married couple would follow to get a divorce. This includes resolving issues like property division, child custody, child support, and spousal maintenance.
However, proving the existence of a common-law marriage is often the first step. Without this proof, the court may treat the relationship as a cohabitation rather than a marriage, potentially affecting your rights to shared property or other legal remedies.
How to Prove a Common-Law Marriage in Divorce Proceedings
If your spouse disputes the existence of a common-law marriage during a divorce, you’ll need to provide evidence to support your claim. Some examples include:
- Joint bank account statements or credit card accounts;
- Signed leases or mortgage agreements listing both names;
- Tax returns filed as a married couple; and
- Statements from family, friends, or colleagues affirming you presented yourselves as married.
If you and your partner separated more than two years ago, the court assumes no common-law marriage existed unless you can provide compelling evidence otherwise.
How Is Common-Law Divorce Different from Traditional Divorce?
While the procedural steps for a divorce—filing a petition, serving the other party, and attending hearings—are the same for common-law and traditional marriages, there are unique challenges to consider.
- Proving the marriage exists. This step is unnecessary in traditional divorces, as the marriage license serves as evidence. This burden of proving the marriage existed in the first place can create additional legal hurdles for common-law divorces.
- Division of property and debts. If the court recognizes the common-law marriage, Texas community property laws apply. All assets and debts acquired during the marriage must be divided equitably.
- Parental rights. Child custody and support arrangements follow the same legal framework regardless of whether the parents were in a formal or common-law marriage.
These distinctions underscore the importance of working with an experienced divorce attorney to fully protect your rights throughout your common-law marriage divorce.
Your Rights and Obligations in a Common-Law Divorce
If the court recognizes your common-law marriage, you have the same legal rights and responsibilities during the dissolution process as someone in a formal marriage. These include the following:
- Division of community property. Texas is a community property state, meaning most property and debts acquired during the marriage are split equitably, though not always equally.
- Spousal maintenance. Also known as alimony, the court may grant it depending on the length of the marriage and the financial circumstances of both spouses.
- Parental responsibilities. Custody, visitation, and child support are determined based on the child’s best interests.
Failing to establish the marriage’s validity could impact your ability to claim these rights.
Ramos Law Group: Compassionate Representation for Your Common-Law Divorce
The complexities of common-law divorce require careful legal guidance. With over 14 years of experience, the skilled attorneys at Ramos Law Group, PLLC, are uniquely qualified to handle even the most complex family law cases.
As a Texas Board Certified Family Law firm, we combine legal mastery with compassionate, client-focused advocacy to protect what matters most to you. Whether you need assistance proving your common-law marriage, resolving property disputes, or securing fair custody arrangements, we are here to provide personalized support.
Contact us today to schedule a consultation, and let our dedicated team confidently and clearly guide you toward a successful resolution.
FAQs
How Do I Know If I’m in a Common-Law Marriage?
If you and your partner agreed to be married, lived together as spouses, and presented yourselves as married to others, you may be in a common-law marriage. Your family law attorney will help you evaluate your situation.
What If My Partner Denies We Were Married?
You must prove the marriage’s existence through documentation or witness testimony. Without sufficient evidence, the court may not recognize the marriage, impacting your legal rights.
Can I Get a Common-Law Divorce Without Going to Court?
If both parties agree on all issues, such as property division and custody, they may avoid lengthy court battles. However, filing for divorce and obtaining a final decree are still required to dissolve the marriage legally.
Does Texas Recognize Common-Law Marriages from Other States?
Yes, provided the relationship meets the requirements of a common-law marriage in the state where it was established. Texas courts will honor those relationships.
Does Texas Recognize Same-Sex Common-Law Marriages?
Yes, Texas recognizes same-sex common-law marriages, provided the relationship meets the same legal criteria as opposite-sex common-law marriages.
Last Updated on December 30, 2024 by Mary E. Ramos
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