Common Law Marriages
Our Attorneys Can Help For Divorce & Property Division for Texas Common Law Marriages
Dallas Common Law Marriage Lawyers
Common law marriage, also known as informal marriage in Texas, is a legally binding union that offers the same rights and responsibilities as a ceremonial marriage. In Dallas County, establishing or dissolving a common law marriage can be complex, making skilled legal representation essential, this is especially important for same-sex couples together prior to 2015 in Texas that never decided to get legally married. When one partner passes and there is no will.
Note: To be eligible for any marriage in Texas, both parties must be at least 18 years old, not related to one another, and not currently married to someone else.
IF you are looking to file a divorce, or need a family law attorney to help with a common law marriage situation,
Call (214) 466-6699 today for a consultation.
What is a Common Law Marriage in Texas?
Unlike the common myth that merely living together for a period of time creates a common law marriage, Texas law requires a couple to meet three specific criteria simultaneously to establish a valid informal marriage:
1. Agreement: Both parties must agree that they are married. This must be a present intent to be married, not an agreement to marry in the future.
2. Cohabitation: After agreeing to be married, the couple must live together in Texas as husband and wife.
3. Holding Out: The couple must represent to others in Texas that they are married. This is often proven by actions such as:
o Introducing each other as spouses (husband, wife, or partner).
o Filing joint tax returns as a married couple.
o Signing a lease or credit application as a married couple.
o Using the same last name.
Why Legal Representation is Essential for Common Law Marriage Cases
Since a common law marriage is established by actions rather than a document, proving or disproving its existence in Dallas County courts often relies heavily on gathering and presenting specific evidence. This is where dedicated legal counsel is invaluable.
The need for an attorney arises in several scenarios:
• Proving the Marriage: If one party disputes the marriage (often in the context of a divorce or probate case), a lawyer must methodically gather and present evidence, witness testimony, financial records, correspondence, etc., to satisfy all three legal requirements.
• Dividing Property: Once a common law marriage is established, it requires a formal divorce to end. Just like a ceremonial marriage, all community property (assets acquired during the marriage) must be identified and divided. This can be complex, especially with high-value or complicated assets.
• Child Custody and Support: If children are involved, a lawyer can help establish legal conservatorship (custody) and secure appropriate child support orders.
• Contesting a Claim: If you are being sued for divorce by a former partner who claims a common law marriage existed, an attorney can help you present evidence to rebut the claim and defend your separate property.
Garcia-Windsor, P.C.:
Your Advocates for Dallas County Family Law
Garcia-Windsor, P.C. offers compassionate and driven legal representation for clients navigating the complexities of family law, including cases involving common law marriage in Dallas County.
How Garcia-Windsor, P.C. Can Help:
• Case Evaluation: The firm can meticulously review the facts of your relationship to assess whether the legal requirements for a common law marriage in Texas were met.
• Evidence Collection and Documentation: Attorneys assist in gathering the necessary evidence, from joint accounts and tax returns to witness affidavits, to persuasively prove or disprove the "agreement" and "holding out" elements.
• Formalizing or Dissolving the Union: Whether you need to file a Declaration of Informal Marriage for official recognition or, more commonly, file for divorce to dissolve an existing common law marriage, Garcia-Windsor, P.C. provides expert guidance through the court process.
• Bilingual Advocacy: The firm's commitment to the Dallas community, including its bilingual team, ensures that all clients, especially those in the Hispanic community, receive clear and comprehensive legal support.
A common law marriage creates a full marital estate, and treating the dissolution of that union with the same legal seriousness is crucial to protecting your rights and financial future. Don't face the complicated process of proving or contesting a common law marriage alone.
The Two-Year Presumption in Dallas County
A critical detail for couples in Dallas County is the rebuttable presumption in Texas Family Code § 2.401(b). If you and your spouse separate and no suit (like a divorce or a suit to prove marriage) is filed to establish the marriage before the second anniversary of your separation, the law presumes no marriage ever existed. This presumption can make it significantly more difficult to prove the marriage, underscoring the need for timely legal action.