Did you know Texas is one of the few states recognizing common law marriage? Couples who meet specific criteria, agreeing to be married, cohabitating, and presenting as spouses, are legally married, even without a formal ceremony. However, ending a common law marriage is not as simple as moving out. Just like traditional marriages, common law marriages in Austin require a formal divorce process.
Let’s take a closer look at how common law divorce works in Austin and why hiring the right legal professional can make the process smoother.
Proving Common Law Marriage Before Filing for Divorce
Before filing for divorce, a couple must establish that they were in a valid common law marriage. The burden of proof lies with the individual seeking recognition of the marriage. Courts in Austin consider factors such as joint financial accounts, shared property ownership, tax filings as a married couple, and public acknowledgment of the relationship.
If a spouse denies the marriage existed, the case may become more complex, requiring experienced divorce lawyers in Austin to present evidence in court.
Filing for a Common Law Divorce in Austin
The process for ending a common law marriage is similar to a traditional divorce. The spouse seeking a divorce must file a petition with the district court in Travis County or the appropriate jurisdiction. Hiring a common law divorce attorney can help manage paperwork, court filings, and legal procedures efficiently.
Once the petition is filed, the other spouse must be formally served with divorce papers. If both parties agree on terms such as property division, child custody, and spousal support, the case may proceed as an uncontested divorce. Uncontested divorce lawyers in Austin can assist in drafting agreements that reflect both parties’ interests.
Property Division and Financial Matters
Texas is a community property state, meaning assets acquired during the marriage are subject to division. This includes real estate, bank accounts, investments, and debts. Property division lawyers in Austin can help determine how assets should be split. For those with significant assets, legal support for property division is crucial to protect financial interests.
For couples with prenuptial agreements or cohabitation agreements in Austin, these legal documents will play a role in property division decisions. They can simplify the process by outlining asset distribution terms in advance.
Child Custody and Support Considerations
If children are involved, the court will decide custody arrangements based on their best interests. Custody lawyers in Austin assist parents in negotiating parenting plans and represent clients in custody hearings.
Child support is another critical aspect of divorce proceedings. Texas law follows state guidelines for calculating child support payments, considering factors such as income, medical expenses, and educational needs. An Austin child support attorney can provide guidance on these calculations. If circumstances change, child support modification can be requested with the help of a child support lawyer in Austin.
Seeking Legal Assistance for a Common Law Divorce
Divorce is a challenging process, but hiring the right legal representation can make it more manageable. Whether you need an affordable divorce attorney in Austin for an uncontested case or an experienced Austin divorce attorney for a contested divorce, professional guidance can protect your rights.
For those considering adoption post-divorce, an Austin adoption lawyer can provide legal advice on expanding your family. Similarly, an adoption attorney in Austin can assist with adoption-related matters in blended families.
Get Legal Support for Your Divorce Today
A common law divorce in Austin requires the same legal steps as a formal marriage dissolution. From proving the existence of the marriage to handling property division, child custody, and financial agreements, each step requires careful legal consideration. Seeking support from an experienced common law divorce attorney can help you address these matters with confidence.
If you’re facing a common law divorce, contact Daniel Ogbeide Law today. With expert divorce attorneys in Austin ready to assist, you can move forward with clarity and legal protection.