Have you been living in a committed relationship for years but never officially tied the knot? If so, you might be in a common law marriage, a legally recognized relationship in Texas that can impact your divorce proceedings. As family dynamics and legal considerations become more complex, understanding how to navigate a common-law divorce in Houston is essential for anyone in this situation.

At Daniel Ogbeide Law, we specialize in handling contested divorce cases and common law divorces with sensitivity and expertise. We recognize the unique challenges that arise in these situations and are committed to providing clear, effective guidance to help you through the process.

In this blog, we will outline the qualifications for a common law marriage and the implications for divorce proceedings, as well as offer practical advice for managing this type of divorce in Houston.

What Qualifies as a Common Law Marriage in Texas?

In Texas, a common law marriage, also known as an informal marriage, is recognized if the following criteria are met:

• Mutual Agreement: Both parties must intend to be married and agree to live together as a married couple.
• Cohabitation: The couple must live together in Texas as a married couple.
• Representation: The couple must present themselves to others as being married, which can include using the same last name or referring to each other as spouses.

If these conditions are satisfied, the relationship is legally considered a marriage, even without a formal ceremony or marriage license.

How Does a Common Law Divorce Differ from a Traditional Divorce?

Though common law marriages are treated similarly to formal marriages under Texas law, there are specific aspects of divorce that may differ:

• Division of Property: Assets and debts accumulated during the common law marriage are typically divided equitably. This can be complex if there is no formal record of joint ownership.
• Spousal Support: Entitlement to spousal support, or alimony, may be determined based on the same criteria used for formal marriages.
• Child Custody: Custody issues are handled with the same considerations as in formal marriages, focusing on the best interests of the child.

Steps to File for a Common Law Divorce in Houston

• Verify the Existence of the Common Law Marriage: To proceed with a divorce, both parties must confirm the existence of the common law marriage. This might involve gathering evidence like joint financial records or witness testimonies.
• File a Petition for Divorce: The process starts by filing a petition with the court. This document outlines the grounds for divorce and requests the division of assets and other reliefs.
• Serve the Petition: The petition must be formally served to the other party, giving them notice of the proceedings.
• Respond to the Petition: The other party has the opportunity to respond to the petition, which can lead to negotiations or contested hearings.
• Negotiate or Litigate: Depending on the circumstances, the divorce may be settled through negotiation or may proceed to court for a judge’s decision.
• Finalize the Divorce: Once all issues are resolved, the court will issue a final divorce decree, legally ending the common law marriage.

Practical Advice for Managing a Common Law Divorce

• Gather Documentation: Collect evidence of your common law marriage and any relevant financial documents. This will help in property division and support negotiations.
• Seek Professional Guidance: Engaging an experienced common-law divorce attorney in Houston can significantly impact the outcome of your case. They will provide valuable insights and ensure your rights are protected.
• Consider Mediation: If possible, use mediation to resolve disputes amicably. This approach can save time and reduce the emotional stress of a contested divorce.
• Understand Your Rights: Be aware of your legal rights regarding property division, spousal support, and child custody. Knowledge can empower you to make informed decisions.

Facing a Common Law Divorce? We Can Help.

Are you navigating the complexities of a common-law divorce in Houston? At Daniel Ogbeide Law, we understand the unique challenges of common law divorces and are here to guide you through every step of the process. As experienced and affordable divorce attorneys in Houston, we offer personalized legal support to ensure your interests are well-represented.

Our team is committed to providing clear, actionable advice and effective representation for contested divorce cases in Houston and common law divorces. If you’re facing a divorce and need expert legal assistance, contact us today at 832-321-7005 to discuss your situation and explore how we can assist you in achieving a fair and equitable resolution.