Dallas Common Law Divorce Attorney
Protect Your Rights in an Informal Marriage
If you are ending a common law marriage—also called an informal marriage—in Dallas, Texas, you need legal guidance. Even without a ceremony or license, these marriages are legally recognized once Texas law requirements are met.
A formal divorce in Dallas County is required to dissolve a common law marriage. This ensures your rights are protected and legal issues like property, custody, or support are properly handled.
We offer comprehensive family law and estate planning services including but not limited to the following:
To get started on your case, contact us at (469) 972-8473 today!
Filing for a Common Law Divorce in Dallas
The fewer shared assets and responsibilities you and your spouse have, the simpler the divorce process tends to be. However, issues such as children, property, retirement accounts, and debt can complicate matters. In Texas, couples in a common law marriage must pursue a standard divorce to legally address these concerns. The process is similar to a traditional divorce, but first, it must be determined whether a common law marriage (also known as an informal marriage) legally exists.
Under Texas law, if you and your partner separate and do not file a legal proceeding to prove the marriage within two years of separation, the law presumes no marriage existed. However, this presumption may be challenged with sufficient evidence.
Criteria for a Common Law Marriage in Dallas
To establish a common law (informal) marriage in Dallas, the following criteria must be met under Texas law:
- The couple signed and registered a declaration of informal marriage with the county clerk OR
- The couple agreed to be married, lived together in Texas as spouses, and represented to others that they were married.
- Both individuals were at least 18 years old at the time of the marriage.
- Neither person was legally married to someone else.
If these elements are proven, the marriage is legally valid and must be formally dissolved through divorce proceedings in Dallas County.
Filing for Divorce in Dallas
If you need to file for divorce, you can obtain a Petition for Divorce through the Dallas County District Clerk’s Office or the official website for Dallas County courts.
When completing the petition:
- Provide details regarding children, property, assets, and debts.
- When asked for the date of marriage, enter the date you and your spouse began living together as spouses.
- Indicate that the marriage is an informal (common law) marriage.
You must file your petition in the district court of the county where either you or your spouse has lived for at least 90 days, and one of you must have been a Texas resident for at least six months.
After filing:
- Request a citation from the district clerk.
- Serve your spouse with the citation and a file-stamped copy of the petition.
Service may be completed by:
- Hiring a private process server
- Requesting service through the Dallas County Sheriff or Constable
If a private process server is used, an Affidavit of Service must be filed with the court.
Helpful Resources
- Am I Married? – Marital Status in Texas
- Non-Marital Conjugal Cohabitation Agreements in Texas
- Common Law Marriage Requirements Under Texas Law
Let Us Help You Through This
If your spouse agrees with the terms of your petition, your divorce may proceed relatively smoothly. However, if disagreements arise regarding property division, child custody, or support, negotiations—or even litigation—may be necessary.
If you are facing a contested common law divorce, do not navigate the process alone. The experienced Dallas, TX family law attorneys at the Law Office of Bryan Fagan, PLLC have years of experience handling complex divorce and family law matters.
We understand that divorce can be emotionally and financially stressful. Our team is committed to protecting your rights and guiding you through each step of the legal process with professionalism and compassion.
📞 Contact us today at (469) 972-8473 to schedule your free consultation.
