The couple had two children together.
What Constitutes a Common Law Marriage?
The declarations from various friends and associates stated the declarants had heard the parties refer to each other as husband and wife. Many stated they had seen the couple living together. The wife argued she should receive the benefit of the rebuttable presumption that there was no agreement to be married when a divorce petition is filed more than two years after the parties separate.
The husband had presented declarations of individuals who stated they had observed the couple living together in The appeals court found there was an issue of fact as to when the couple finally separated. The wife was not entitled to the presumption. The appeals court then considered the elements of common law marriage. The court first considered whether there was an agreement to be married.
The couple had filed a joint tax return as a married couple in The wife had filed an amended return, but only after the husband had filed for divorce. She gave the husband anniversary cards referencing him as her husband in and She wore her wedding ring sometimes.
The court noted evidence of an agreement to be married may be circumstantial.
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The evidence was sufficient to raise a genuine issue of material fact. The court then considered whether the parties lived together as spouses. The husband stated they lived together until when they separated, but they moved back in together in until another separation in Texas marriage laws can be tricky. After reading this article, you probably have more questions about common law marriage in Texas, especially how it affects your specific situation.
You can get those questions, and any other family law questions, answered by speaking to an experienced family law attorney in Texas today.
Unregistered Common Law Marriages
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Everything You Should Know about Common Law Marriages in Texas
Thank you for subscribing! In order to enter a common law marriage in Texas, a couple must meet the following criteria:. A couple holding themselves out to be married may:. Simply living together does not make a couple common law married.
Texas Common Law or Informal Marriage, and Its Dissolution
Neither does having children together. When a couple enters a common law marriage, they have the same exact rights that all other married couples have in Texas. These rights include:. When determining an appropriate alimony order for a couple, the court considers a variety of factors. First, it must determine if the spouse seeking alimony qualifies for it.