Common Law Marriage: It's Not Just a Free Trial
So, you've been living together, sharing expenses, and maybe even calling each other "husband" and "wife." Congratulations! You might be in a common law marriage. But before you start planning that surprise vow renewal, let's talk about the less romantic side of things: ending it.
Common Law Marriage: A Love Story (Or Not)
Texas is one of those states that still recognizes common law marriage. Basically, if you live together, present yourselves as married, and intend to be married, voila! You're hitched. No fancy dress, no cake, just a whole lot of "I do" implied through actions.
Breaking Up is Hard to Do, Especially When You Didn't Start
Now, let's say the love boat has sailed. Or maybe it capsized. Either way, you're looking at the dreaded "D" word. But here's the kicker: even though you didn't have a traditional wedding, you'll need a traditional divorce to officially end the relationship.
No such thing as a "common law divorce". It's like trying to return a half-eaten pizza. Just doesn't work that way.
Proving You Were Married: A Legal Tango
To get a divorce, you'll need to prove that you were actually common law married. This means providing evidence like joint bank accounts, shared leases, or even tax returns. Think of it as building a case for your marriage. Just hope your ex doesn't have a good lawyer.
The Two-Year Rule: A Ticking Clock
If you separate from your common law spouse, you have two years to file for divorce. After that, there's a presumption that the marriage never existed. So, don't delay if you want to cut ties officially.
So, What's the Bottom Line?
Common law marriage might seem like a casual commitment, but ending it is anything but. If you're in this situation, consulting with a family law attorney is probably a good idea. They can guide you through the process and protect your rights.
Remember: While love might be blind, the law definitely is not.
How-To Questions and Quick Answers
- How to prove a common law marriage in Texas? Gather evidence like joint bank accounts, shared leases, and tax returns.
- How long do you have to file for divorce after separating from a common law spouse? Two years.
- How to avoid common law marriage? Clearly define your relationship status and avoid presenting yourselves as married.
- How to find a good family law attorney? Look for someone with experience in common law marriage cases and positive reviews.
- How to prepare for a divorce after a common law marriage? Gather financial documents, create a budget, and seek legal advice.
