Common law marriage is legally recognized in Texas, offering couples many of the same rights as those who formally wed. However, ending a common-law marriage is not as simple as moving out. Many individuals mistakenly believe that because there was no formal ceremony or marriage license, they could separate without legal consequences.
Let’s explore the legal aspects of common law marriage in Austin and whether a divorce is required to end such a relationship.
Understanding Common Law Marriage in Texas
Texas law recognizes common law marriage under specific conditions. To be considered married under common law, couples must:
- Agree to be married
- Live together in Texas as spouses
- Present themselves to others as a married couple
Once these criteria are met, the marriage is legally binding, meaning couples must go through a formal legal process to dissolve the relationship if they wish to separate.
Do You Need a Divorce to End a Common Law Marriage?
If a couple meets the legal requirements for common law marriage, they are treated the same as a formally married couple under Texas law. This means they must file for divorce to legally dissolve the marriage.
Without a legal divorce, individuals may face complications, including:
- Property Disputes: Texas follows community property laws, meaning assets acquired during the marriage may be subject to division.
- Child Custody and Support Issues: If children are involved, custody and support arrangements must be legally determined.
- Future Legal Problems: If one party enters a new marriage without legally divorcing, they may face bigamy charges.
Proving or Contesting a Common Law Marriage in Court
Disputes often arise over whether a relationship meets the criteria for common law marriage. In contested divorce cases in Austin, one party may claim a marriage exists while the other denies it. The burden of proof falls on the person asserting the marriage.
Factors considered by the court include:
- Joint tax returns filed as a married couple
- Shared bank accounts, mortgages, or leases
- Use of the same last name
- Testimonies from friends and family
An Austin contested divorce attorney can help establish or dispute a common law marriage claim in court.
Legal Steps to Separate from a Common Law Marriage
If you are in a legally recognized common-law marriage and wish to separate, the process includes:
- Filing for Divorce: You must file a divorce petition in the Texas family court system, just like a traditional marriage.
- Property Division: Texas law mandates that assets acquired during the marriage be divided equitably. Legal support for the property division is available to help negotiate fair settlements.
- Child Custody and Support:If children are involved, courts will determine custody, visitation rights, and support payments. The best interest of the child is always the priority.
- Court Hearings and Mediation: If the separation is contested, a judge may decide on property division, custody, and financial matters.
Alternative Legal Protections: Cohabitation Agreements
For couples who live together but do not wish to be legally married, Cohabitation agreements in Austin provide legal protection. These agreements outline financial responsibilities, asset ownership, and terms of separation, preventing disputes over property and support.
Finding the Right Legal Support
Understanding the legal implications of common law marriage is crucial, whether you are seeking recognition or separation. Affordable divorce attorneys in Austin can guide you through the process, ensuring compliance with Texas law while protecting your rights.
For uncontested cases, an uncontested divorce attorney can simplify proceedings, helping couples reach agreements without prolonged legal battles. However, for disputes over marriage status, assets, or custody, contested divorce lawyers in Austin can provide strong representation.
Protecting Your Rights in Common Law Marriage
Separating from a common law marriage in Texas requires more than simply parting ways. To avoid legal complications, couples must formally divorce or create a legally binding separation agreement. Whether your case is contested or uncontested, seeking legal guidance is essential to protect your rights and future stability.
At Daniel Ogbeide Law, we offer experienced legal representation for common law marriage issues, divorce, and property division disputes. Contact us today for a consultation and take the first step toward resolving your case with confidence.