A common law marriage occurs when a couple is married without needing to obtain a marriage license or have a formal ceremony. Texas is one of the few states which recognize common law marriage or marriage without formalities. Our divorce attorneys in McAllen would like to inform you about the misconceptions, proof of evidence, and the consequences you need to know for a common law marriage.
Misinformation About Common Law Marriage
There’s a common misconception that you are considered a married couple if you have lived together for seven years or more. However, living together is not the main determining factor for a common law marriage. If you live in a common law state and do not intend to marry, your relationship with your partner won’t be considered a common law marriage.
Requirements and Proof of Evidence
Our McAllen divorce attorneys will review your case to make sure you meet specific requirements for a common law marriage:
● The couple must agree to be married.
● The couple must be at least eighteen years of age.
● The couple must live together as husband and wife.
● The couple must “hold themselves out to be married,” meaning both of you will have to
represent yourselves as a married couple to the public.
The court needs to use factual evidence to determine common law marriage in Texas, which may also include joint bank accounts, income tax returns, and more.
Dividing Common Law Property
If a couple in a common law marriage no longer wants to be together, they must legally file for divorce. Our McAllen divorce attorneys will help you divide your property. We recommend bringing the following documentation to begin the intake process:
● Any financial documents.
● Information about your children to determine child custody.
● A list of assets – Including any joint property, vehicles, titles, and deeds.
Contact Our McAllen Divorce Attorneys Today!
Our divorce attorneys in McAllen hope you understand common law marriage better in Texas. If you would like to learn more or need legal representation from our divorce lawyers in McAllen, send us a message online or call (956) 287-7555 today.