When a common law marriage in Texas exists, otherwise known as an informal marriage, either party can file for a formal divorce, known as a common law divorce in Texas. If there are things to be divided such as property, finances, child support and visitation for child support, then a Houston divorce lawyer may be your best because of the complicated nature of undergoing such a procedure. According to Texas divorce laws, all matters such as child support, child custody and property division will be entirely decided upon by the court as determined by Texas law.
There are actually two ways to end an informal marriage. Texas divorce laws state if there are children involved or your property, finances, and debts have not been taken care of, then you will want to hire a lawyer to help make the process easier. If there aren’t any children as a result of your informal marriage, and there isn’t any contest property or debts, then you can separate under the new Texas law.
If neither party claims that there was a marriage present within two tears of the date both parties last lived together in Texas, that it can be assumed that the parties never actually entered into matrimony to begin with. Of course, this doesn’t automatically mean that matrimony never existed in the first place, but it does mean that the person trying to prove that there was a legitimate common law marriage in Texas carries that burden alone.
For a common law divorce to take place, the following provisions need to be met:
- September 1, 1989 is the date you must have separated after.
- Either party will have 2 full years from the date of separation to file an action to prove that the marriage was actually real.
- You will, of course, still be responsible for all assets, debts and care of any and all children.
- A divorce is preferred, as opposed to a legal separation or annulment if you wish to make certain that your spouse is legally responsible for what they owe you.
There are provisions that are made to protect you under Texas laws if you experienced any kind of spousal abuse throughout your relationship. One option is to obtain a protective order. These rights apply to both common law spouses and spouses who actually obtain a legal marriage license. As mentioned earlier, you may still want to consult with a divorce lawyer to ensure you receive all funds that are owed to you and to make sure your spouse keeps up with their party of the custody determination.
Now that you are familiar with the Texas divorce laws, it is up to you to decide which route you would like to take, to successfully terminate your common law marriage in Texas with as little grief as possible. Best of luck in your search for answers during this particularly rough time in your life. It gets better from here!