Is There Common Law Divorce in Texas?

Have questions about common law divorce in Texas? Many people do. Laws regarding informal marriage or common law marriage can be tricky to understand. In most respects, Texas treats traditional, legal marriage and informal, “common law” marriages as essentially the same. Let’s first look at what’s required for a binding common law marriage:

  1. Couple must agree to be married.
  2. There is cohabitation as husband and wife, with no set minimum length of time.
  3. Couple is seen or presented as married within their community.

If those three conditions are met, a couple is viewed having a common law marriage. Alternately, an informal marriage can be arranged by filing a document with your county clerk. If dissolved, either type of marriage is treated essentially like a legal, licensed marriage. The procedure for common law divorce in Texas is similar.

You’ll first want to discern if you have a common law marriage officially. This can be a gray area. Speak to a family lawyer if you aren’t sure. You may not need a common law divorce in Texas after all.

If you don’t know how to proceed or how exactly these conditions apply to you, it’s a good idea to consult with an experienced Texas divorce lawyer. Jennifer Espronceda is passionate about helping couples navigate family strife, including divorce and custody. To speak to Jennifer about common law divorce in Texas or for more information, use this contact form.

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