Did you know that not all marriages require a ceremony or a license to be considered valid? In Texas, couples can enter into a common law marriage by meeting specific criteria, but what happens when such a relationship ends?
Unlike traditional divorces, common law divorces come with unique challenges, particularly in proving the marriage existed in the first place. For those facing this situation, understanding the legal requirements and potential hurdles is critical.
At Daniel Ogbeide Law, we understand the complexities of common law divorces and are here to help you achieve a fair resolution. As affordable divorce attorneys in Houston, we offer reliable guidance for uncontested divorce cases in Houston and beyond.
This blog explains the key considerations of common law divorce, including how it differs from traditional divorce and the evidence needed to establish a common law marriage.
What Is a Common Law Marriage?
A common law marriage, also called an informal marriage, is recognized in Texas under specific conditions. The couple must:
- Agree to be married.
- Live together as a married couple in Texas.
- Represent themselves to others as being married.
These factors create a legal union without the need for a marriage license or ceremony. However, without formal documentation, disputes can arise when the relationship ends.
Proving a Common Law Marriage
In a common law divorce, one of the most significant challenges is proving the existence of the marriage. Texas courts require evidence that all three criteria were met. Examples of supporting evidence include:
- Joint tax returns filed as a married couple.
- Shared bank accounts or credit cards.
- Property deeds or leases signed as spouses.
- Social media posts, family testimony, or other records showing you represented yourselves as married.
Without sufficient evidence, the court may not recognize the marriage, complicating the divorce process and property division.
How Common Law Divorce Differs
A common law divorce follows the same legal process as a traditional divorce in Texas. The court addresses issues like property division, child custody, and support. However, unlike a traditional marriage, the first step in a common law divorce is proving the marriage’s existence.
For uncontested divorce cases in Houston, where both parties agree on the terms, the process can be quicker and less expensive. However, disagreements about the validity of the marriage or property ownership can lead to a contested divorce, which may require court intervention.
Why You Need a Common Law Divorce Attorney in Houston
Navigating the legal process of a common law divorce can be overwhelming, especially if disputes arise over the existence of the marriage or the division of assets. This is where an experienced attorney becomes invaluable.
At Daniel Ogbeide Law, we focus on providing personalized support and affordable solutions. Whether you need guidance on proving a common law marriage or assistance with uncontested divorce cases in Houston, we are here to help. Our knowledge of Texas family law ensures you have a strong advocate by your side.
Are You Prepared to Protect Your Rights?
Facing a common law divorce can be daunting, but you don’t have to go through it alone. Let us help you protect your rights and achieve a fair resolution. Contact Daniel Ogbeide Law at 832-321-7005 to work with a trusted common law divorce attorney in Houston. We specialize in affordable divorce solutions and are committed to helping you navigate this challenging time with confidence.