Common law marriage is an alternate option for couples who are committed to one another but do not want a traditional marriage. Common law marriages are allowed and legally recognized in Texas under certain circumstances. However, it is important to understand the requirements of this type of marriage and the implications it has for your life. This is especially true if you and your significant other are facing legal issues.
With the help of the Youngberg Law Firm, we can help you ensure your marriage is appropriately recognized and help navigate any issues that arise. Our team of experienced lawyers has the legal knowledge and experience to handle a variety of issues related to common law marriage in Denton, TX. We also protect your rights and answer your questions so you are not caught unaware when it matters the most.
What Is Considered Common Law Marriage in Texas?
Common law marriage is a way for Texas couples to get married without the formalities of a traditional marriage. Two individuals may be considered legally married in the eyes of the law without having to obtain a marriage license or conduct a ceremony.
There are the same legal benefits to a common law marriage as there are in a regular marriage. As such, couples can still share finances, buy property, file taxes together, estate plan, have children, and more.
Some couples may choose not to pursue the traditional marriage route, for reasons such as the expense of a wedding ceremony, dislike of the formalities of traditional marriage, and not having time to complete the legal requirements of a traditional marriage. For those who opt for a common law marriage, it is important that they be aware of the implications of this decision. They should also know what qualifies as common law marriage and what does not.
Legal Requirements for a Common Law Marriage in Denton County
Common law marriages are becoming more prevalent in Texas as the number of couples who are living together without entering into marriage increases. However, under the Texas Family Code, there are three requirements for common law marriage that a Texas couple must meet to be considered common law married:
- Two consenting adults who have an agreement to be married
- The couple cohabitates (lives together) in the State as spouses
- The couple holds itself out to the community (tells other people) as married
Both spouses must also have the legal capacity to be married. That means they both must be at least 18 years of age, of sound mind, not related to each other, and not already married to someone else. If they meet all of these conditions, then they can be recognized as a married couple. These requirements apply to both heterosexual and same-sex couples. Below is a closer look at each requirement.
The Agreement
Couples must both agree to marry and live as a married couple. There is no requirement that this agreement be in writing. However, couples do need to be committed to one another enough to demonstrate their status as a married couple.
Cohabitation
Couples must live together in more than a dating capacity. They must make a home together that is structured in a way that reflects the responsibilities, customs, and benefits of a marriage. The living arrangement reinforces the agreement to be together as a wife and husband.
Representation
Couples are not allowed to claim they are legally married and then keep it private. They must also live as if they are married and communicate it through words and actions. This is an especially important requirement since it solidifies your status as a married couple.
How to Show That You Are a Married Couple
Per the requirements of common law marriage in Texas, you and your spouse must present yourselves as a married couple publicly. This reinforces your status and satisfies one of the legal requirements of a common law marriage. There are a few ways this can be done, which include:
- Telling family and friends you are married
- Introducing each other as husband and wife
- Buying a house or signing a lease together and listing each other as a married couple
- Adding each other to health or life insurance policies as a spouse
- Filing a joint tax return
- Maintain a household and participate in activities commonly done by spouses
These rights and actions are typically reserved for married couples, so public acknowledgement of your status lends credibility to your union. You are not required to complete each action listed above, but there should be sufficient evidence of your common law marriage, especially if you have to resolve a legal matter down the line.
Filing for a Declaration of Informal Marriage in Texas
If couples want to ensure that the validity of their common law marriage is not questioned or threatened, then they have the option to file a Declaration and Registration of Informal Marriage. This allows you and your spouse to have legal documentation, like that of a marriage certificate, showing your married status.
This declaration is not required for common law marriages, but it can be beneficial in many ways. There may be times when you could be asked to demonstrate that you are married. This documentation makes it easier to establish your relationship and often results in less resistance. Additionally, when legal issues arise, a Declaration of Informal Marriage can streamline the process since your marriage will be more easily recognized.
If you and your spouse wish to pursue this option, a common law marriage lawyer can help ensure you meet the requirements, have the evidence you need, and fill out and file the proper forms.
Myths About Common Law Marriage in Texas
When people think about common law marriage, they most often think about couples living together over a period of time without getting married. They may also think that it eliminates the need for divorce, like a traditional marriage, if the relationship does not work out. However, these are common law marriage myths in Texas. These types of marriages still have their own rules to follow, as outlined in Texas Family Code § 2.401. Below is the truth about these myths.
Myth: Living Together Equals a Common Law Marriage
Texas law does not require couples to live together for a minimum amount of time. While some couples believe they will automatically be common law married if they live together long enough, they really only have to cohabitate for as little as one day if they meet the other statutory requirements. Conversely, couples could live together for 50 years and not be married if they do not meet the necessary conditions.
Myth: There Is Common Law Divorce
Common-law married couples who choose to get divorced are required to follow the same process as a traditionally married couple. There is not a separate process for common law couples, and both parties cannot simply walk away from their marriage even if it is considered informal. However, filing for divorce may be more challenging for common law marriages, as they must first demonstrate that they are married.
Divorce Requirements in a Common Law Marriage
Common law couples must pursue a formal divorce like anyone else. However, they must first establish that they had a common law marriage. This can be accomplished by showing your marriage status through tax returns or other legal documents where you filed jointly. A declaration of informal marriage simplifies and speeds up the verification process.
It is important to note that there is a rebuttable presumption that if divorce proceedings are not initiated within two years of the end of the relationship, it is considered that there was no common law marriage. As such, it is important for couples ending a common law marriage to file for divorce before that two-year window closes.
When filing for divorce, you and your spouse must divide up your assets, as it is considered marital property. Like any other divorce, you must also reach a custody and child support agreement if you and your spouse have children together.
You should seek the counsel of an experienced divorce attorney in Denton County if you are pursuing a divorce as a common-law couple. They can help you understand your options and navigate the process. This is even more important if you and your significant other have children and must navigate custody and child support as well.
Legal Challenges that Common Law Married Couples May Face
While common law marriage is recognized in Texas, its informal nature can cause legal issues when there is a dispute, divorce, or a child-related issue. This can be due to a lack of clarity and binding documentation. Couples must take the extra step to provide evidence of their union before they can move forward with resolving the matter they are facing.
Denying that a common law marriage existed is a common factor in the legal challenges that common law married couples face. An individual may issue a denial as an attempt to avoid dividing assets in a divorce or avoid their parental rights. When this happens, a court must thoroughly investigate the situation for evidence that shows the couple was part of a common law marriage.
Another common denominator in legal issues is the challenge of substantiating the validity of a marriage. Common law marriages do not typically have marriage certificates or require couples to file paperwork to marry. This can muddy the waters, per se, when proof of a marriage is required. In a legal matter, there may be questions around the timeline of a marriage, whether or not the marriage meets common law requirements, and more.
Below is a closer look at some significant legal challenges common law couples may face that are impacted by these two key factors.
Determining Community v. Separate Property in a Divorce
Texas recognizes community and separate property in a divorce. This means that assets acquired during the marriage may be split, and those that an individual had prior to the marriage are exempt. In a common law marriage, this can lead to problems, as it may not always be clear what was had before and after the marriage. This can be exacerbated if the start date of the marriage is unclear.
Custody Decisions
Custody decisions are often difficult for parents and children alike. These decisions can be more difficult in common law marriages. While parents are afforded the same rights in a common law marriage as in a traditional marriage, evidence of the union must be shown to establish the parent-child relationship in relation to the marriage. There may also be times when one parent denies their parental status and marriage, complicating the process further.
Benefits of Seeking Legal Advice About Common Law Marriage
On the surface, common law marriages seem simple and straightforward. There is no formal ceremony, and you can skip some of the traditional parts of the process. However, when legal issues arise, they are far from simple. This is where it is essential to hire a common law marriage attorney to help you navigate the complexities of these situations.
A legal professional has the breadth of knowledge to navigate these challenges related to common law marriage and other aspects of family law. They can provide counsel that will protect your best interests. A lawyer can also help you understand and gather the evidence you need to show that your common law marriage exists.
When you seek legal advice about common law marriage from our Denton County family law firm, you can be confident that you are likely to have a better outcome than if you approached these matters on your own.
Contact Youngberg Law Firm in Denton, TX About Common Law Marriage
Youngberg Law Firm understands the nuances of common law marriages and is equipped to help you through the unique situations that you may face. We also protect you when the status of your marriage is questioned and your rights are threatened. Our team ensures that you receive exceptional service and a solution that is tailored to your needs. To learn more about us, our family law firm, and how we can serve you, contact our Denton County family law firm to schedule a consultation today.