Family Law Attorney Focusing on High Asset Divorce Service in Houston, Texas

Do You Have To Be Married To Get A Divorce?

It’s a brand new world, and marriage doesn’t work the same way as it used to. People are choosing to forego nuptials but they are still living together, buying houses together, and having kids together. When these couples go their separate ways, many think that they can simply load up the car and drive away, but once you tangle your finances with someone else, you often find that pulling them apart is a lot more complicated than loading up and getting out of dodge.

Do You Have To Be Married To Get A Divorce?

In 2009, the number of women who were married dropped below 50 percent for the first time, and people didn’t quite know how to interpret this information. Were people delaying marriage, were birthrates about to fall, were thousands of wedding planners going to suddenly be out of a job? No one quite knew, but a change in the way marriage worked in our country was on the way.

In 2011, Pew Research Center added more fuel to the fire when it announced that the number of unmarried couples between the ages of 30 and 44 had doubled since the 1990s. People were living together, buying cars and houses together, and even having kids together, but they weren’t getting married. Soon divorce attorneys were getting calls from people who were never married, but had assets with a partner they had been with for years. What were they to do? Go to court, of course.

How Can I Divorce Someone I Was Never Married To?

If you live with somebody, bought a house with somebody, had a baby with that somebody, then you should probably consult a divorce attorney before you split up. You will probably need to go to court to determine the proper division of property and to come up with a child custody agreement. The process for unmarried couples can actually be very complex.

However, if you believe you agreed to be married, lived together as husband and wife, and have told others that you were married, then you could be considered a common law married couple. In Texas, this gives you all the same legal effects of having a marriage license, except you don’t have to have the ceremony. If this applies to you, then you could actually file for divorce, which could prove much easier than taking your separation case to court, but there are stipulations. You must file for divorce within two years of separating from your common law spouse. If you haven’t filed by then, you will have to go to court to settle your separation disputes.

This information was brought to you by the divorce attorneys at John K. Grubb & Associates—handling high-assets Houston break ups with over 30 years of experience.

By | 2016-04-01T10:11:08-05:00 April 6th, 2016|General Family Law|0 Comments

Leave A Comment