Legal Question in Family Law in Texas

I am trying to figure out if I need to get a common law divorce because I am unsure as to whether or not I was classified as "common law married". My ex and I were together off and on for four years and lived together the majority of the time. We never really portrayed ourselves as married to anyone however my car insurance agent classified us as married on my car insurance to save us money after he asked how long we had been living together. We have a child and I also need to obtain child support and custody. If we are classified as common law married do I have to go through the steps of a common law divorce or if not, would it just be better so that I can handle the custody and child support all at once?


Asked on 8/24/10, 1:19 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You have two options:

1. File for divorce. For "date of marriage" you would allege: "Petitioner and Respondent were informally married beginning on . Beginning on that date, Petitioner and Respondent were living together and represented themselves to others as husband and wife, and had an agreement to be married."

2. In the alternative, simply file a paternity suit. Allege that he's the father and that he should pay child support (current AND retroactive).

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Answered on 8/30/10, 5:16 am


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