Experienced Legal Guidance For Common Law Marriage And Divorce In Texas

Last updated on July 9, 2024

Common law marriage is only recognized in a few states – and Texas is one of them. However, creating a common law marriage can be much easier than ending one.

If you are seeking to end a common law or “informal” marriage, it can take skilled legal representation to protect your interests. Since 2006, the attorneys at Sralla Family Law PLLC have been protecting the interests of our San Antonio clients through even the most complex divorce proceedings – and our lawyers can protect yours, as well.

When Does “Living Together” Become A Common Law Marriage?

To have a common law or “de facto” marriage, a couple needs to begin living together and “hold themselves out” to the community as a married couple. For example, you introduce your partner as your “husband” or “wife” in public. There is no specific time limit required for a common law marriage to be established.

It is important to understand that a common law marriage can exist prior to a solemnized marriage, and that can drastically affect the property rights of each party in a divorce. Since Texas is a community property state, any assets or debts acquired after a marriage begins belong equally to both parties – even if those assets or debts are only titled in one person’s name – so establishing the “start date” of a common law marriage is critical.

How Do You End A Common Law Marriage In Texas?

Under the law, common law marriages have to be ended through mostly the same divorce process as any solemnized marriage – with one unique exception: You have to prove that your marriage existed before you can officially end it.

If you separate and take no action to initiate a divorce within two years, the law will presume that your marriage never existed. That makes acting quickly the best way to preserve your property rights and right to any spousal support you may be due.

Contact Us Today To Get Started On Your Divorce

Call (210) 212-5656(210) 212-5656 or reach out to us online to schedule a consultation with a dedicated lawyer. We can guide you through the next steps on your path to a better future.