Living together in a committed relationship can feel like a marriage, even without a formal ceremony. But what happens when that relationship ends? In Texas, unlike some other states, common-law marriages hold legal weight. This means if you’ve been living together as a couple and decide to separate, you may need to go through a common-law divorce in Houston to officially dissolve the relationship and sort out your finances and other legal matters.
While statistics on common-law marriages are difficult to track precisely, experts estimate that millions of couples across the United States live together without a formal marriage license.
Understanding your rights and responsibilities during a common-law divorce is crucial, especially when navigating complex issues like child custody or property division.
At Daniel Ogbeide Law, we understand the complexities of common-law divorce in Houston. Our experienced family law attorneys can guide you through the process, ensuring your rights are protected and a fair resolution is reached.
We offer personalized legal services tailored to your specific situation, providing the support and expertise you need during this challenging time.
This blog will provide a comprehensive overview of common-law divorce in Houston, including:
- What constitutes a common-law marriage in Texas
- The process of filing for a common-law divorce
- Key considerations like property division and child custody
- Why seeking legal guidance from an experienced family law attorney is essential
What is a Common-Law Marriage in Texas?
Texas is one of the few states that does not recognize common-law marriages formed after September 1, 2005. However, if you and your partner lived together before this date and met the following criteria, you may be considered common-law married:
- You agreed to live together as husband and wife (even without a formal ceremony)
- You cohabitated for a continuous period of time
- You held yourselves out to the public as a married couple
The burden of proof lies with you in establishing a common-law marriage. Evidence such as joint bank accounts, shared living arrangements, or public declarations of marriage can be used to support your claim.
Filing for a Common-Law Divorce in Houston
If you determine you have a common-law marriage, dissolving the relationship requires filing for a divorce in the same way as a formal marriage. The process typically involves the following steps:
- Petition for Divorce:The first step is filing a petition for divorce with the district clerk in the county where you or your spouse resides.
- Serving Your Spouse:Once the petition is filed, you must properly serve your spouse with the legal documents.
- Discovery:This stage involves exchanging information and documents with your spouse to understand your financial situation and assets.
- Negotiation or Mediation:You and your spouse can attempt to reach an agreement on property division, child custody (if applicable), and spousal support through negotiation or mediation.
- Trial:If an agreement cannot be reached, a judge will make decisions regarding property division, child custody, and spousal support based on the evidence presented.
- Final Divorce Decree:The final step is the court issuing a final divorce decree, officially ending the marriage and outlining the agreed-upon terms.
Key Considerations in a Common-Law Divorce
Common-law divorces often involve complexities beyond the standard divorce process. Here are some key considerations:
- Property Division:Texas is a community property state. This means all assets and debts acquired during the marriage are considered community property and subject to division. Separate property, owned by one spouse before the marriage, is generally not subject to division. Determining separate and community property can be challenging, especially when there is no clear marriage date.
- Child Custody:If you have children, a child custody agreement must be established, outlining decision-making authority and parenting time for each parent.
- Spousal Support:Depending on the length of the relationship and financial circumstances, spousal support (alimony) may be awarded to one spouse.
Why You Need an Experienced Family Law Attorney
Common-law divorces can be legally intricate and emotionally charged. An experienced family law attorney from Daniel Ogbeide Law can provide invaluable support throughout the process.
If you are facing a common-law divorce in Houston, you don’t have to navigate this challenging process alone. The experienced family law attorneys at Daniel Ogbeide Law understand the complexities of these cases and are dedicated to protecting your rights and achieving a fair outcome.
We offer compassionate and knowledgeable legal guidance throughout the entire divorce process.
Contact us today for a consultation to discuss your specific situation and learn how we can help you move forward with confidence. Remember, there is no substitute for experienced legal counsel during a common-law divorce. Don’t hesitate to reach out – your future well-being depends on it.