Experienced Guidance for Informal Marriage Dissolution
Texas recognizes common law marriage, also known as an informal marriage. A formal ceremony or marriage license is not required to create a legally binding marriage. However, once a common law marriage is established, ending the relationship requires a formal divorce.
At the Humble Office of the Law Office of Bryan Fagan, PLLC, our experienced family law attorneys guide clients through the complexities of common law divorce. Whether your case involves disputed marital status, property division, or child custody matters, we are prepared to protect your rights.
What Defines a Common Law Marriage in Texas?
Under Texas law, a valid common law marriage exists if one of the following applies:
1. Declaration of Informal Marriage
You and your partner signed and filed a Declaration of Informal Marriage with the county clerk.
OR
2. Proof of Informal Marriage Through Conduct
You can demonstrate that:
- You agreed to be married
- You lived together in Texas as spouses
- You represented yourselves to others as a married couple
Additionally:
- Both parties must have been of legal age
- Neither person could have been married to someone else
If these elements are proven, the marriage is legally valid and must be dissolved through divorce.
Important Two-Year Rule
Texas law provides that if you and your partner separate and live apart for two years without filing for divorce, the court may presume no marriage existed. However, this presumption can be challenged with sufficient evidence.
Because disputes often arise over whether a common law marriage existed at all, early legal guidance is essential.
Filing for a Common Law Divorce in Humble
The divorce process for a common law marriage closely mirrors a traditional divorce, but first the court must determine whether a valid marriage exists.
Step 1: File an Original Petition for Divorce
You must state the date you began living together as spouses and identify the marriage as informal.
Step 2: File in the Proper County
File in the district court of the county where either spouse has lived for at least 90 days.
Step 3: Serve Your Spouse
Your spouse must be formally served unless they sign a waiver.
Step 4: Court Proceedings
If the marriage is disputed or if issues involving children, property, or support arise, the case may require mediation or litigation.
Issues That Can Complicate Common Law Divorce
Common law divorce cases often become complex when they involve:
- Child custody and support
- Real estate and retirement accounts
- Business interests
- Significant marital debt
- Disputes about whether a marriage existed
When one party denies the existence of the marriage, strong legal representation becomes critical.
Protecting Your Rights in a Common Law Divorce
Our Humble family law attorneys can help you:
- Prove or dispute the existence of a common law marriage
- Protect your community and separate property rights
- Advocate for child custody and support arrangements
- Negotiate fair settlements
- Represent you in court if necessary
Common law divorce requires careful legal strategy and strong advocacy.
Take the First Step Toward Clarity
If you believe you are in — or were in — a common law marriage and need to file for divorce, do not wait.
📞 Call 281-817-1827 today to schedule your free consultation with a Common Law Divorce Lawyer in Humble, TX.
Let us help you protect your rights and move forward with confidence.
