Legal Question in Family Law in Texas

Re: Common Law Marriage

You may be married under Texas law. The law of informal marriage requires an agreement to be married, holding yourself out publicly to be married, and live together as husband and wife.

If there is no petition for divorce filed within two years of the separation, the law rebuttably presumes there was no informal marriage.

If you were not married, then the orders regarding your daughter will be handled under a Suit Affecting Parent-Child Relationship.

Re: Common Law Marriage

Based on what you have written, it appears that you may be married. The Texas Family Code lays forth the specifics required for an informal marriage ("common law marriage"). Generally, the two agree to be married, live together as husband and wife, and represent to other in Texas that they are husband and wife. You may not need to file for divorce to have your relationship legally disolved. As for your child, you will have to file a Suit Affecting Parent Child Relationship (SAPCR) to have a court provide the ground rules for custody, visitation, and support. If my local family law firm can assist you with this legal issue or any other legal matter, please contact my paralegal Tina ([email protected]) to arrange for an initial consultation.

Re: Common Law Marriage

The question of whether a common law marriage exists, depends upon the proof which exists about the extent of holding yourself out to the public at large as husband and wife. There are many factors which could conceivably affect the outcome on the question of the existence of a common law marriage. If a claim alleging a common law marriage is going to be made, the petition alleging such must be filed within two years of when you cease living together. I am a board certified specialist in the field of family law practicing in the Houston area. If you are interested in visiting more about the options available to you, please contact me directly so that we can discuss these matters further.