Dallas Common Law Marriage Lawyer

Family Law Matters In A Texas Informal Marriage

You never had a wedding. You didn't exchange rings or vows. But if you have lived as husband and wife and want to make it official, you can petition to have the state of Texas officially sanction your common law marriage.

Conversely, if you are splitting up, your informal marriage can be legally recognized by the Texas family courts for purposes of divorce (i.e., community property, child custody and financial support).

The experienced attorneys of Palmer & Manuel, L.L.P., can offer solid legal advice and advocacy for issues of common law marriage, common law divorce and related matters in Dallas County, Collin County and North Texas. Our legal team includes three family law specialists certified by the Texas Board of Legal Specialization.

Common Law Marriage In Texas

Common law marriage, also referred to as informal marriage or marriage without formalities, is recognized under the Texas Family Code. There is no specific time period or residency requirement, but you must meet all three of the following conditions:

  • You agree that you are married.
  • You have lived together in Texas as husband and wife.
  • You have represented yourselves to others as being married.

You may choose to register your common law union by filing a Declaration of Informal Marriage with the county clerk.

Dallas Area Divorce Lawyers For Common Law Divorce

If the informal marriage is registered, either party can file for divorce. If the marriage was not registered, either party can petition the court to prove in a hearing that you satisfy all three of the statutory criteria. You must file the action within two years of separating, or it is rebuttably presumed that the parties did not enter into an agreement to be married.

Once your informal marriage is recognized by a family court, you have all the same rights and obligations as couples who were "officially" married by a minister or justice of the peace. Both spouses may have a community property interest in division of assets, liability for certain debts, and spousal maintenance (alimony) may apply.

NOTE: Community property rights are retroactive only to the date that your common law marriage is officially recognized by the state of Texas, not necessarily for the whole time you lived together.

If the statute of limitations has expired to qualify for divorce and you did not have a formal property agreement, our attorneys can advise you in a negotiated settlement or represent you in a civil action in district court.

Common law marriage has little bearing on child custody, except in questions of paternity. A man who held himself out as husband is recognized as the father regardless of DNA. Otherwise, custody, visitation and child support are determined the same way whether or not the parents were married.

Learn More About Common Law Marriage And Your Rights

Call Palmer & Manuel at 214-242-6444 or contact us online to arrange a consultation with our Dallas common law marriage attorneys. We will protect or defend your parental rights and financial interests while helping you seek solutions, in or out of court.

We offer convenient office hours, flexible appointment times and reasonable fees. Visa, MasterCard and Discover are accepted.