Common Law Marriage Lawyers in Frisco, Texas

Concerned about the Entering Into a Common Law “Informal” Marriage in Collin, Denton, and surrounding counties?

Are you someone who has been living with your partner for a significant amount of time and wondering if you might be considered legally married in the eyes of the law? Or maybe you’re someone who is going through a separation and not sure if you need to go through the formal process of divorce. Whatever the case may be, it’s important to have a solid understanding of what common law marriage is and how it applies to you. In this page, we’ll explore the basics of common law marriage in Texas, including what it is, how it is established, and how it can affect you and your partner. 

Requirements for Common Law Marriage in Texas

While there is no one-size-fits-all answer to what constitutes a common law marriage, there are certain factors that Texas courts consider when determining whether a couple is indeed married.

First and foremost, the couple must have agreed to be married. This means that they must have had a present intent to be married, as opposed to merely discussing the possibility of marriage in the future. This can be proven through a variety of factors, such as joint bank accounts, sharing a last name, referring to each other as spouses, and more.

In addition to an agreement to be married, there must also be a showing of a “holding out” to the public as married. This means that the couple must have presented themselves as married to others, such as friends, family members, and the community at large. This can be proven through factors such as filing joint tax returns, listing each other as spouses on insurance policies, and introducing each other as spouses in social settings.

Lastly, the couple must have lived together in Texas as husband and wife. While there is no specific length of time that a couple must live together in order to establish a common law marriage, they must have cohabited and held themselves out as married.

It’s important to note that the burden of proof for establishing a common law marriage falls on the party seeking to establish it. This means that if a couple is disputing whether they are indeed married, the burden will fall on one or both of them to prove that a common law marriage exists.

Benefits and Limitations of Common Law Marriage

Common law marriage has both benefits and limitations. One of the main benefits is that a common law spouse may be entitled to certain legal rights, such as inheritance rights and the right to make medical decisions for their partner. In the event of a separation, a common law spouse may also be entitled to spousal support or division of property, depending on the circumstances.

However, common law marriage also has its limitations. For example, if a couple separates, there may be disputes over whether a common law marriage actually existed, which can lead to legal battles and added stress.

It’s important to note that not all states recognize common law marriage, and even in states that do, the requirements for establishing a common law marriage can be complex. Therefore, it’s important to consult with a qualified family law attorney to fully understand the benefits and limitations of common law marriage, as well as the specific requirements in your state.

Establishing or Disputing a Common Law Marriage

Establishing a common law marriage in Texas can be a complex and challenging process. Unlike traditional marriages, where there is a marriage license and ceremony, the existence of a common law marriage is determined by a set of factors and circumstances.

To establish a common law marriage, the couple must show that they agreed to be married, lived together as spouses, and held themselves out as married to others. It’s important to note that simply living together and having a romantic relationship is not enough to establish a common law marriage.

Disputing a common law marriage can be just as complex. If one party claims that a common law marriage exists, while the other denies it, it can become a matter of proving or disproving the specific elements required for a common law marriage.

If you’re trying to establish or dispute a common law marriage, it’s essential to seek the advice and guidance of an experienced family law attorney. An attorney can help you understand the legal requirements and potential challenges associated with common law marriages, and can represent your interests in court if necessary.

It’s important to note that establishing or disputing a common law marriage can have significant legal and financial consequences. A common law marriage can affect issues such as property division, spousal support, and even inheritance rights. It’s critical to have a knowledgeable family law attorney on your side to ensure your rights are protected.

Common Law Marriage and Divorce

As with any marriage, a common law marriage can also end in divorce. In Texas, common law marriages are treated the same as traditional marriages, and therefore the same laws apply to both when it comes to divorce.

When seeking a divorce, the couple must meet the residency requirement of living in Texas for at least six months prior to filing for divorce. They will also need to provide proof of the common law marriage, such as evidence of cohabitation and reputation in the community as being married.

The division of property and debts in a common law divorce is the same as in a traditional marriage divorce. Texas is a community property state, which means that property and debt acquired during the marriage is considered to be owned equally by both spouses, unless it was acquired by gift or inheritance. Property that is owned before the marriage or acquired after the date of separation is considered separate property.

The process for divorce can be complex and emotionally challenging, especially in cases where there are children involved. It is important to consult with an experienced family law attorney who can help guide you through the process and ensure that your rights and interests are protected.

Schedule a Free Case Evaluation

Common law marriage in Texas is a legally recognized union that has the same legal rights and responsibilities as traditional marriage. However, the requirements for establishing a common law marriage can be complex, and it is important to understand the legal implications before entering into such a relationship. If you are facing a common law divorce, it is crucial to seek the guidance of an experienced family law attorney to ensure that your rights are protected and that the process is as smooth and fair as possible.  At The Ridgely Law Firm, our experienced Common Law Marriage | Divorce Lawyers can help with establishing or disproving a common law marriage in your Collin | Denton County divorce matter.  Schedule a Free in initial consultation to learn how our Common Law Marriage lawyers can help.