Common Law Divorces in Texas

Texas, common law marriage is recognized when two individuals live together and agree that they are "married", refer to each other as "husband or wife", and perform actions that are typical for married couples (such as filing a joint tax return). Under these conditions in this state, you could be legally eligible for this type of marriage determination. However, it is important to understand that even though of Texas identifies common law marriages, there is no similar process for common law divorces. This particular endeavor has its own set of rules and a couple cannot be simply divorce by stating it publicly or living apart.
If you choose to dissolve your marriage, you will still need to divide your assets and make determination regarding child support and child custody. Because this process can often be very complicated and time-consuming, you may want to consider hiring an attorney to help you through this process, as it will need to be done in a legally-recognizable manner. Consult with a lawyer today to answer any questions you may have regarding this procedure.
The following provisions may be said about common law divorce:

• Either spouse in the marriage has 2 years after you separate to file an action to prove that your marriage did indeed exist.
• You must have separated after September 1, 1989.
• You are still responsible for assets, debt, and the care of your children.
• In order to make sure that your spouse is legally responsible for what is owed to you, a divorce is preferred, rather than a legal separation or annulment.

If you experienced any form a spousal abuse in your common law marriage, there are provisions that can protect you under the law, such as requesting a protective order. These rights are still applicable for common law spouses as they are for spouses who obtain marriage licenses. Regardless of your marital status, you still may want to consult with a lawyer to make sure that you receive all of the funds to which you are entitled and your partner upholds his or her end of the custody determination.