Users' questions

Do you need divorce for common law marriage in Texas?

Do you need divorce for common law marriage in Texas?

Texas recognizes a common law marriage or an informal marriage as equal to a formal marriage. It requires a divorce (or annulment or death) to dissolve the marriage. The Texas Family Code has a statutory definition of a common law marriage as an “informal marriage”.

What’s the difference between common law and informal marriage in Texas?

There is no legal distinction between a “common law marriage” and an “informal marriage” in Texas. However, because most people are more familiar with the “common law marriage” term we will continue to use that term to refer to the Texas Family Code’s informal marriage provisions.

How does divorce work in common law marriage?

Like a divorce in a formal marriage, a divorce in a common law marriage allows the family court to divide marital property, assign rights and obligations on any children of the marriage and terminate community property rights in the future property acquired by either of the spouses. Any of these might be a reason to obtain a common law marriage.

What happens when you get a divorce in Texas?

Just like assets, any debts acquired during the course of a marriage in Texas belong equally to both spouses.

Does Texas have any special laws regarding divorce?

Texas allows spouses to divorce without separating for any amount of time. Unlike many other states, Texas law does not provide any process for legal separation, which would allow couples to live legally separate lives without actually divorcing.

What is the basic divorce law in Texas?

In Texas, legal requirements for divorce include the establishment of a domicile (permanent home) in the state for at least six months, among other regulations. In Texas, divorce law allows for no-fault divorce, which means neither party needs to provide evidence that the other party is at fault.

What are some of the common laws in Texas?

  • ” agreed to be married “; and
  • ” after the agreement they lived together in this state as husband and wife “; and they
  • ” represented to others that they were married ”

    How does common law divorce work in Texas?

    Dissolving common law marriages by divorce in Texas Like a divorce in a formal marriage, a divorce in a common law marriage allows the family court to divide marital property, assign rights and obligations on any children of the marriage and terminate community property rights in the future property acquired by either of the spouses.