Complications with Common Law Marriages
In the state of Texas, common law marriage is recognized as a legitimate union by the courts. While there is an established three-prong test in order to establish a common law marriage, the reality of proving the existence of the marriage may prove to be a slightly more complicated procedure. In part, this can be due to the lack of legal proceedings and paperwork to establish the marriage in the first place.
For more information concerning common law marriage, contact the Austin family law attorneys of Slater & Kennon, LLP, at 512-472-2431 today.
Common Law Concerns
According to Texas state law, common law requires cohabitation, use of married titles, and an agreement between both individuals in the couple that they are indeed married. This means that a couple in Texas does not need to go before the court if they want to be married under common law. If they would like to be divorced, there generally are some legal steps the couple must take, however. The following factors may affect the dissolution of a common law marriage:
- The marriage must be proven to have existed
- Proof of marriage must be presented within two years of cohabitation
- Divorce law generally works unchanged in these divorces
- The marriage began when all of the three conditions were fulfilled
In order to prove the existence of a common law marriage, there are a few different options available. Any paperwork that assumes both partners are husband and wife respectively may suffice for the court. In order to prove cohabitation, leases and tax forms can be particularly useful.
Contact Us
Although there are some vague terms involved in the common law process, the marriages that result are recognized by the state and the IRS as long as they fulfill the requirements and the state definition of marriage. To learn more about common law marriages and how they work from a legal standpoint, contact the Austin family law attorneys of Slater & Kennon, LLP, today by calling 512-472-2431.