In the state of Texas, a valid common law marriage is a situation where a man and woman become husband and wife without holding a marriage license or performing a marriage ceremony. When established, the common law marriage has the same legal consequences as a legal ceremonial marriage. According to Texan legislature, common law marriages require a person to complete three acts:
- Agree to be married
- Reside together as a wife and husband
- Tell other individuals that you are married as husband and wife, but by holding yourselves out
How Can People Hold Themselves Out When Married?
In a simple definition, people will hold themselves out when married by informing others that they are husband and wife. For example, you can tell a person that you are married by introducing yourselves as husband and wife, or performing an act that will cause people to think you are married such as signing credit applications as a married couple. Even if you have stated marriage only once, you can meet the requirement of a common law marriage.
Can A Person Under The Age Of 18 Enter Common Law Marriages?
No. People under the age of 18 are considered minors and in the state of Texas, all people in common law marriages must be adults. Moreover, a child and an adult cannot engage in a common law marriage, despite parents giving their consent. In other words, no individual under the age of 18 is able to be a common law husband or wife.
How Do You End A Common Law Marriage?
In Texas, the common law marriage presents with an identical legal status as a ceremonial marriage. This is significant because if the common law marriage fails, you will need to obtain a formal divorce. Gaining a divorce is the same as any other legal ceremonial marriage requiring the use of divorce lawyers in Houston Texas; however, common law marriage couples need to first prove to the court that they were husband and wife. The individual that files papers first will need to prove the common law marriage status.
What Are The Grounds For A Texas Common Law Marriage?
In Texas, there are seven different grounds for a common law marriage.
How Does Insupportability In A Marriage Play Out?
A divorce can be obtained in a common law marriage if the married couple experience differences or disagreements that are impossible to resolve. The following are forms of insupportability in a marriage that you should watch out for.
Adultery In A Marriage?
This is the most common form of putting an end to common law marriage, If you are a victim of adultery please contact divorce lawyers in Houston Texas for help.
Cruelty In Your Marriage
This refers to mental, physical, or mental and physical cruelty in the marriage. Abuse is serious and you should not be in a marriage where you are being abused on any level.
Abandonment Issues In Your Marriage
If a spouse has left the marriage house without any intention of returning and has been away for a minimum of one year, then the common law marriage can be dissolved. A Felony Conviction If a spouse is convicted of a felony during the marriage and placed in prison for a minimum of one year without pardon, this is grounds for a legal divorce. However, a felony conviction cannot be used as grounds for divorce if your testimony was utilized to convict the charged spouse. Residing Apart Your spouse and you have resided in separate homes without cohabitation for a minimum of three years.
Confinement In A Mental Hospital
Your spouse has been confined in a state or private mental hospital for a minimum of three years and does not appear to be released any time soon. If the spouse does begin to recover and the mental disorder is under control, there may be a problem gaining a divorce; however, grounds for divorce are possible if it appears that relapse is possible.
What About Child Support?
When residing in a common law marriage with children conceived during the marriage, you may be required to pay your spouse child support. The judge may rule that both or one parent will need to provide support with medical support until the child turns 18, the child graduates from school, the child is released from custodial care, or the child dies. Disabled children, however, may receive support payments for indefinite periods of time.