Common Law Marriage and Divorce
When you think of getting married, you may think of a big ceremony and a legal document certifying your union with another person. That does not necessarily have to be the case though. Some states, such as Texas, recognize common law marriages, which are much like traditional marriages except without a marriage license.
Common law marriages, though not bound by legal documents, may still require a divorce should you decide to split from your partner. If you are separating from your common law spouse, contact the Austin common law divorce lawyers of Slater, Kennon & Pugh Ltd.LLP at 512-472-2431 to learn more about what steps you should take.
Determining If Common Law Marriage Exists
In most cases, couples must meet three conditions in order to prove that their union is a common law marriage. In Texas, the three conditions are:
- Both partners must agree that they are married to one another
- The couple must present itself as married; for example, each partner could introduce the other as his or her spouse to others or the couple could file a joint tax return
- Both couples must live together in Texas as a married couple
Couples in a common law marriage may have their union legally recognized. If interested, you should contact your county clerk for more information about how to do so.
As with any marriage, common law marriages experience their share of complications and disagreements, many of which may end in separation. If you are married under common law, you may need to file for divorce even though you are not legally married. This is usually the case when you have joint assets and debts or children.
Contact Us
Many common law marriages are subject to the same divorce rules as legal marriages. If you and your common law spouse are thinking about separating, contact the Austin divorce lawyers of Slater, Kennon & Pugh Ltd.LLP at 512-472-2431 to discuss your situation.