Common Law Divorces in Texas
In the state of Texas, you and your partner are considered to be in a common law marriage if you adhere to the three provisions upheld by the state. You must decree that you are indeed married and refer to each other as “husband” and “wife”, must act in a manner that a couple would, such as filing a joint tax return, and must live together in the state. Though not all states recognize these kinds of unions, the state of Texas does indeed recognize a common law marriage as legitimate. However, when approaching the issue of divorce, common law marriages must adhere to the same procedures as marriages with an official license.
If you and your spouse decide to dissolve your marriage, it is important to understand that you are still responsible for assets, debts, and child care after you are separated. To make sure that these determinations are legally-recognized, you may want to consider going through formal divorce proceedings. To learn more about common law divorces and your rights under the law, contact the Houston divorce lawyers of Garg & Associates, P.C. at 281-362-2865 today.
Stipulations for Common Law Divorce
The following statements must be adhered to regarding common law divorce:
- Either partner in this particular form of union has two years after separation to file an action to prove that your marriage did indeed exist.
- You must have separated after September 1, 1989 to qualify under the above provision.
- You are still responsible for assets, debt and child custody/support.
- In order to make sure that any defaults on child support or alimony will be punishable under the law, it is preferable to obtain a divorce rather than a legal separation or annulment.
If you are thinking of divorcing your spouse, you may want to consult with an attorney to make sure all of the procedures are done correctly and under the preferable time restraints. That way, you can focus on your family and rebuilding your life and let your lawyer handle the tedious processes that accompany divorces.
Contact Us
For experienced legal representation, call the Houston divorce attorneys of Garg & Associates, P.C. at 281-362-2865 today.
