Navigating the complexities of a common law divorce in Houston requires a clear understanding of both common law marriages and the legal processes involved in dissolving them. Unlike traditional marriages, which are formalized through a ceremonial process, common law marriages arise from an informal agreement between the partners to live as a married couple. In Texas, including Houston, common law marriages are legally recognized, and the dissolution process closely mirrors that of a formal marriage.
Here’s what individuals can expect when going through a common law divorce in Houston.
Understanding Common Law Marriage
A common law marriage in Houston requires three key elements.
- Agreement to Be Married:Both parties must have agreed to be married.
- Cohabitation:The couple must live together as spouses.
- Representation:The couple must represent themselves to others as being married (often referred to as “holding out” as a married couple).
If these criteria are met, the state of Texas considers the relationship a valid marriage, even without a formal ceremony or marriage license.
How Common Law Marriages Differ from Formal Marriages
While common law marriages and formal marriages share many similarities, the primary difference lies in their formation. Formal marriages are established through a marriage license and a ceremony, providing clear documentation. In contrast, common law marriages are often based on verbal agreements and behaviors, making them less straightforward to prove in court.
This difference can complicate the divorce process, especially when one party disputes the existence of the marriage. In such cases, the burden of proof falls on the individual claiming the marriage’s validity. Gathering evidence, such as joint tax returns, shared property deeds, or witness testimonies, becomes crucial in these scenarios.
Legal Considerations in a Common Law Divorce
Dissolving a common law marriage in Houston involves many of the same legal considerations as a formal divorce, including property division, spousal support, and child custody. However, there are specific aspects unique to common law divorces that individuals should be aware of:
Proving the Existence of the Marriage
As mentioned, if one party denies the marriage, the other party must prove that a common law marriage existed. This process may require significant documentation and witness testimony.
Division of Property
Texas is a community property state, meaning that assets acquired during the marriage are typically divided equally. This rule applies to common law marriages as well. However, proving what constitutes marital property can be more challenging without clear documentation of the marriage’s duration.
Child Custody and Support
In cases involving children, the court will determine custody, visitation rights, and child support based on the child’s best interests, just as in a formal divorce. The legal rights and responsibilities of the parents remain the same.
Navigating a common law divorce in Houston can be complex, but having the right legal support can make all the difference. At Daniel Ogbeide Law, we specialize in guiding clients through the unique challenges of common law divorces in Houston, ensuring that your rights and assets are protected. Our experienced common law divorce attorneys understand the nuances of Texas law and provide personalized, affordable legal services to help you achieve a fair resolution.
If you need trusted and affordable divorce attorneys, reach out to our team for a consultation.