What is a common law marriage?

A common law marriage is accomplished when the couple meets three criteria; first, they must cohabitate in Texas, secondly, they must hold themselves out, or represent to the public that they consider themselves married and finally, they must have an agreement between themselves that they are husband and wife. There is no time limit to establish a common law marriage-it can be established in just a few minutes, much like a ceremonial marriage performed at the justice of the peace.

Persons under the age of eighteen cannot enter into a valid common law marriage without the consent of a parent, guardian or managing conservator. An exception to this would be where the minor has had a prior marriage dissolved by divorce, death or annulment since the prior marriage emancipated them.

Common law marriage is just as legally binding as a ceremonial marriage. It does not require the purchase of a marriage license. While some states do not recognize common law marriage, Texas does. It can only be terminated by death, divorce or annulment.

Please call the Houston divorce attorneys today at 281-210-0010 or complete our contact form and let us assist you with your legal need.