Main Menu Practice Areas
Barbara L. Jouette, Attorney, P.C.
888-268-7997 / 214-385-4562

Can I casually end my common law marriage?

In the state of Texas, if you live together you are of a legal age, you are technically considered and recognized as married by the state. As long as you are 18 or older, it is a very simple process to achieve a common law marriage status. You must live together and have told someone you are married. If you have ever signed up for a credit card as husband and wife, you are now considered married.

So, if the relationship goes south, the process of divorce is just as simple, isn't it? Not a chance. The couple must follow all of the steps of a formal divorce, with one added burden. It is the couple's responsibility to first prove to the court that they were even married.

The same seven grounds that apply to divorce for officially married couples within the state are used to justify a divorce of a common-law married couple. They are:

  • Did a spouse commit adultery?
  • Was a spouse physically, or even mentally, cruel?
  • Has your spouse spent at least one year incarcerated on a felony conviction that you did not testify against him or her for?
  • Are you and your spouse generally unable to agree, in which case you qualify for a divorce without fault?
  • Have you and your spouse lived separately for at least three years?
  • Has your spouse been hospitalized for at least three years in a state or private mental hospital and is there no promise of ever getting better? If the mental issues resolve, do they have a likelihood of returning?
  • Did your spouse leave for at least a year with the intention of not returning?

While it is easy to obtain the classification of marriage, a divorce takes a bit more work. A Texas family law and divorce attorney may be able to provide the help you need.

No Comments

Leave a comment
Comment Information