In Texas, common law marriages are more than just casual relationships. If you’ve lived together, introduced yourselves as spouses, and agreed you were married, the law may view your relationship as legally binding. And when such a relationship ends, simply walking away isn’t enough. Many people are surprised to learn that they must go through a formal legal process to end a common law marriage.
If you believe you’re in a common law marriage and are considering a separation, it’s important to understand your rights and responsibilities. Working with an Austin divorce lawyer can make this process significantly clearer and smoother.
What is a Common Law Marriage in Texas?
Unlike ceremonial marriages that involve licenses and weddings, a common law marriage is established by behavior and mutual agreement. Texas recognizes these unions if:
Both individuals agreed to be married
They lived together as spouses in Texas
They represented themselves publicly as a married couple
These three elements must exist simultaneously. If so, your relationship carries the same legal weight as a traditional marriage, and it must be formally dissolved through divorce if it ends.
Why You Still Need a Divorce
The biggest misconception about common law marriages is that they can simply be ended by moving out or splitting up. But in Texas, if the relationship meets the legal requirements, it is a marriage, and it requires a formal divorce to divide property and resolve any custody or support matters.
Failing to obtain a legal divorce can lead to complications down the road. You may not be able to remarry, sell jointly owned property, or resolve financial disputes. An experienced divorce lawyer in Austin, TX, can help you determine if your relationship qualifies as a common law marriage and guide you through the necessary steps if it does.
Property and Custody Issues Still Apply
Just like in a traditional marriage, separating from a common law spouse can involve complex legal issues. Property acquired during the relationship may be considered community property and subject to division. If children are involved, you’ll also need to address custody, visitation, and child support.
For parents, working with a child custody attorney in Austin can be essential to creating a parenting plan that prioritizes the child’s best interests. Whether you are the primary caregiver or seeking equal time, having legal support is key.
Proving or Disputing the Marriage
Common law divorces often involve disputes over whether the marriage ever legally existed. If one party denies that the relationship qualified as a common law marriage, the other must prove it did. This can require evidence like joint leases, shared bank accounts, or even text messages and witness testimony.
In contentious situations, hiring a contested divorce attorney is highly recommended. These professionals know how to present compelling arguments and documentation that can help you either prove or disprove the existence of the marriage.
What If the Divorce Is Uncontested?
If both parties agree on the end of the relationship and the terms of separation, an uncontested divorce lawyer can help you finalize the process efficiently. This is often the less stressful and more affordable route, especially when there are no children or major assets to divide.
Even in these cases, legal assistance ensures that everything is handled correctly, and both parties fully understand the outcomes.
Don’t Assume You’re Not Legally Married
Many Texans unknowingly enter into common law marriages without realizing the legal implications. A few years of cohabitation, shared finances, and calling each other “husband” or “wife” to friends can be enough for a court to view your relationship as binding.
If you’re unsure whether your relationship qualifies, an initial consultation with a divorce attorney can clarify your legal standing and help you make informed decisions about your future.
Know Your Legal Options for Support
Alongside divorce and custody matters, financial issues such as child support may also arise. Whether you’re seeking support or required to pay it, consulting with a child support attorney in Austin, TX, can ensure a fair and legally sound outcome.
These matters can become especially complicated when enforcement or modification is needed later. Having a solid legal foundation from the start is the best way to prevent future disputes.
Trusted Daniel Ogbeide Law – Your Family Law Advocate in Austin
Navigating a common law divorce isn’t always straightforward. Whether you’re dealing with child custody, support, or property division, the team at Daniel Ogbeide Law is here to help. Our firm offers a range of divorce legal services, including support for uncontested and contested divorces, child custody, visitation, and support cases. Schedule a consultation today!