Legal Question in Family Law in Texas
Common Law Divorce
I'm wondering if a formal divorce proceeding is necessary for a relationship that may or may not be considered a common law marriage. We lived together for 3 years, have 1 child together, have joint accounts (have seperated them now)and have filed taxes jointly once. Since, I have moved out (with her urging), have agreed to pay child support and she is asking nothing more than that. Do we have to be formally divorced, or is our agreement for our seperation enough to consider our relationship over? I;d rather not spend the money for an attorney (nor would she) and I just want the relationship over with.
Please help as I want to get on with my life!
1 Answer from Attorneys
Re: Common Law Divorce
As to the question of whether you want to go to court, it depends on what you want.
For common law marriage, you need an agreement to be married. From your facts, it
does not sound like you had an agreement to be married. You also have to hold yourselves
out as married. A joint tax return may do it according to what it says. Accordingly, I
cannot say whether or not you are common law married.
However you have other issues that are more important. If common law, a divorce is filed.
If not common law, a paternity action is filed. Both will be very similar because both
involve court ordered child support and visitation. This is the question to ask yourself:
Do I want court ordered visitation and child support? If so, file. If you work fine without
one, maybe not file so long as you expect things to stay cooperative for the foreseeable
future.
One caveat, this is my opinion because you are really asking for practical advice rather than legal advice.
Other attorneys or persons may differ.
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