Common Law Marriage
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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.
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Frequently Asked Questions
How Much Does A Divorce Cost In San Antonio?
A divorce case can cost anywhere from $2,000.00 to $10,000.00 and up in San Antonio. This price range typically varies based on the complexity of each particular case, the extent to which the matter is contested, the aggressiveness of the family law attorneys involved, whether a jury trial is requested and many other often unpredictable factors.
Where Do I Go For A Divorce?
If you hire a family law divorce lawyer, your lawyer will file your divorce petition electronically. If you are filing your divorce without the help of a family law attorney, you can do so at the Family Law Staff Attorney’s Office at the Bexar County Courthouse, 100 Dolorosa, San Antonio, Texas 78205.
How Much Does It Cost To File For Divorce In San Antonio?
A divorce without children typically costs around $350.00, while a divorce involving children typically costs about $401.00. These costs vary from county to county.
What Is A Spouse Entitled To In A Divorce In Texas?
Either spouse is entitled to a just and right division (roughly 50%) of the community estate and, in certain extreme cases, a disproportionate share (greater than 50%) of the community estate. This includes all assets acquired during the marriage, but does not include a spouse’s separate property.
How Do I Get A Divorce With No Money?
Getting a divorce with absolutely no money is difficult but not impossible. The party seeking to file for divorce can visit the Family Law Staff Attorney’s Office at the Bexar County Courthouse to obtain a packet of information to assist in preparing and filing the paperwork for starting a divorce case. The filing fee can be waived if the filing party prepares an affidavit of indigency declaring that he or she has no money. Another alternative is to seek free legal aid or the assistance of a pro-bono lawyer.
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While our attorneys are open to conducting phone and online consultations, we feel that our warm office environment is the best place to get to know you. We look forward to meeting with you face-to-face to make sure we understand every detail of your unique situation including interpersonal skills. So, call us today for a free 20-minute initial consultation and let’s get started on your family law issue.
To learn more about what our team can do to help you, give us a call at (210) 212-5656(210) 212-5656 or use our online contact form.
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Let Sralla Family Law PLLC guide you through your divorce with the care and dedication you deserve. Contact us today at (210) 212-5656 or send us an email for an initial consultation. Our divorce attorneys in San Antonio will help you turn the page to a new chapter in your life.