Legal Question in Family Law in Texas

Re: Common Law Marriage

There are several factors that are considered. One is whether both parties are representing to the world that they are in fact married. If one of them is telling everyone that they are not married, then you probably are not going to qualify for common law marriage.

Re: Common Law Marriage

There are three elements to a common law marrige. The first is an agreement by the parties that they are married. The second, as Mr. Nance correctly points out, is holding out to the public that the parties are married. The third is cohabitation. The most common misconception by the general public is that there is a requirement that the parties cohabitate for some specific period of time. This is not correct. Remember that although Texas law recognizes the validity of a common law marriage, there is no such thing as a common law divorce. Dissolving a common law marriage requires the same formal legal proceedings as a ceremonial marriage.