Am I Really Married?

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If you have lived together for a long time, at what point are you considered "married"?

Common Law Marriage In Texas

Many people live together for several years without getting a formal marriage. When they decide to split up, there is a lot of confusion about whether they need to get a formal divorce. If the couple had children together, then it is very likely that a formal court order is needed to cover all the issues involving the children. However, what if there had been no children, and no formal marriage- is a divorce needed then?

Texas is one of the dwindling number of states that continue to recognize the informal or "common law" marriage. Basically it works this way: if you act like you are married, the state could consider you married even if you never got a license to marry or had a marriage ceremony.

The issue of common law marriage usually comes up when one of the couple files is a petition for divorce and there are property issues to be decided in the breakup. If there are no property issues to divide, there has been no formal marriage, and neither party want to be married, it is usually just best to try to avoid the courts altogether and try to just go your separate ways .

However, in those cases where one side is trying to assert a community property interest in a putative "martial estate", the first issue you must deal with is: "was there a marriage?"

Under TFC 2.401(a)(1), you can have a court declare that a marriage exists if you have a written declaration of marriage. I can't imagine a real life scenario where this would happen, but if you can think of one, then I'd love to hear about it. I mean, afterall, wouldn't you just get a marriage liscense?

The much more "common way" for a "common law" marriage is covered under TFC 2.401(a)(2). In it the following elements must be met for an informal marriage to exist:

The parties agreed to be married;
they lived together as husband and wife;
they represented to others that they were married.

Remember that once established, the "common law" marriage is just a binding and valid as the formal, ceremonial kind.

How The Palmer Law Firm Can Help

Every divorce is unique, and the decisions you make today will have long term consequences for you and your family. That is why it is very important for anyone thinking about getting a divorce in Texas to first get all the information they can, and then get advice from a professional on how that information fits into their unique situation. We can help you determine the legal status of your relationship and what (if any) actions should be taken to protect your interests. We understand these times are difficult, but we can help you move towards a brighter future. As we always say: "We can't protect your HEART but we can protect your RIGHTS." Call us at 832-819-3529 to schedule a free consultation or simply use the form on this page. We look forward to helping you.

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