Common Law Marriage - FAQ's

If one spouse in a common law or informal marriage leaves Texas, can the other spouse file for divorce in Texas?

Yes.  The Texas court does not lose jurisdiction simply because one party has departed the state.  An Original Petition for Divorce is filed in the county of the remaining spouse’s residence and a citation is prepared by the district clerk’s office.  A copy of the Original Petition with the citation attached is sent to the sheriff or constable in the county of the state where the departed spouse can be found.  They are served with the Original Petition and citation and must file a written answer.  The serving officer will forward a return of proof of service to either the attorney requesting service of to the court directly. 

However, the suit must be commenced within two years of the parties ceasing to live together or a rebuttable presumption arises that the parties did not intend to be married which is one of the three elements required to prove a common law marriage.

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