Common Law Marriage in Texas Divorce
In Texas, not every marriage begins with a wedding ceremony, rings, and a big celebration. Some couples build a life together without ever officially tying the knot. But did you know that in Texas, those relationships might still count as marriage in the eyes of the law? And if the relationship ends, you might have to go through an entire divorce process—even if you never walked down the aisle.
Sounds confusing? You’re not alone in thinking that. That’s why it’s important to understand Common Law Marriage in Texas Divorce and what that really means. Whether you’re currently in a common law relationship or just curious, this post will break it all down in plain, simple terms.
What is Common Law Marriage in Texas?
Common law marriage—also called “informal marriage” in Texas—is a legally recognized marriage between two people who didn’t get a marriage license or have a traditional ceremony. It’s real and binding, just like a formal marriage.
To be considered legally married under common law in Texas, these three things must be true:
- You both agreed to be married.
- You lived together in Texas as spouses.
- You represented to others that you were married.
Here’s a simple example: If Jane and Mike have lived together for several years, call each other husband and wife, file joint tax returns, and tell friends and family they’re married, the state of Texas might consider them legally married—even if they never said “I do” in front of a judge or priest.
Why Does Common Law Marriage Matter in a Divorce?
If your relationship is considered a valid common law marriage, then when it ends, you can’t just walk away. You need a legal divorce to divide your property, resolve debts, and—if kids are involved—set child custody and support agreements.
Many people assume they can simply break up and move on. But in reality, common law spouses have the same legal rights and responsibilities as formal married couples. That’s why understanding Common Law Marriage in Texas Divorce can save you a lot of heartache—and maybe some dollars too.
How to Prove a Common Law Marriage in Court
This is where things get tricky. Unlike traditional marriages—where a marriage certificate serves as proof—common law marriages depend on evidence.
If one partner denies the marriage existed, the other must prove it. Courts will look at:
- Statements made to friends or family (Did you call each other husband/wife?)
- Mail and bills listing both names at the same address
- Joint bank accounts or credit cards
- Tax filings as a married couple
- Social media posts recognizing a marriage
So if you’re thinking about claiming common law marriage during a breakup, you’ll need the receipts—literally.
Time Limits: Don’t Miss Your Chance
Time is a major factor in Common Law Marriage in Texas Divorce. Once a couple separates, you typically have two years to file for divorce and prove a common law marriage.
If you don’t act within that time frame, the court may assume the marriage never existed in the first place. That means you could lose out on your legal rights—like a fair share of property or spousal support.
Think of it like this: The legal system puts the burden on you. If you wait too long, the door might shut forever.
Do You Need to File for Divorce in a Common Law Marriage?
Short answer? Yes.
Once you’ve established that a legal marriage existed—even informally—you need to go through a regular divorce process to end it. That includes:
- Filing a divorce petition
- Dividing community property and debts
- Determining spousal maintenance (alimony)
- Handling custody and support of any children
Even if no formal papers were ever signed during the relationship, you’ll still need them to get out of it.
Property Division in Common Law Marriages
Texas is a community property state. That means anything earned or acquired during the marriage is typically split 50/50 in a divorce. This applies to both traditional and common law marriages.
So if you and your partner bought a house, ran a business, or built up savings while living together and holding yourselves out as married, those assets might be divided just like in a regular divorce.
And here’s where it gets extra important: Without proving your marriage, you may not have any legal claim to those assets. You could walk away with nothing.
What About Children?
If you have children together, it doesn’t matter whether your marriage was official or common law—child custody and child support are treated the same either way.
The court looks out for the child’s best interest. That includes deciding:
- Who the child will live with (custody)
- Visitation schedules
- Financial support from each parent
Whether you had a marriage license or not, both parents are equally responsible for their children.
How Can You Prove You Weren’t Married?
Sometimes, it’s the other way around. One partner might want to claim a common law marriage when the other doesn’t. In these cases, you may need to prove that no legal marriage ever existed.
This means showing:
- You didn’t refer to each other as spouses
- You kept separate finances
- You never agreed to be married
It sounds simple, but unwinding a long-term relationship that looked like a marriage can be complicated. That’s why it’s a good idea to document your relationship clearly—whether you’re trying to claim a marriage or avoid one.
Ending a Common Law Marriage Without Divorce: Is It Possible?
Well, kind of—but only if no one tries to claim the relationship as a legal marriage later.
If both partners walk away and neither files for divorce or tries to use the relationship for legal benefits, the relationship may fade away without court involvement. But this leaves the door open for future claims.
Imagine this: Ten years later, one partner files for your Social Security benefits, claiming they were your spouse. Suddenly, you’re back in court trying to prove you weren’t actually married. That’s why officially ending the relationship with a divorce filing is often the cleaner—and safer—option.
Should You Get a Declaration of Informal Marriage?
Texas offers a way to formalize a common law marriage through a document called a “Declaration of Informal Marriage.” Filing this with your county clerk makes it official in the eyes of the law—even without a ceremony.
While it might seem unnecessary, it can be useful if you want clear proof of your marital status for taxes, insurance, and other legal matters. It can also make getting a divorce simpler, since your marriage is already on the books.
You can learn more about the legal basis for this on [Wikipedia’s informal marriage page](https://en.wikipedia.org/wiki/Common-law_marriage).
When to Talk to a Lawyer
Navigating Common Law Marriage in Texas Divorce can get messy, fast. If you’re unsure whether your relationship counts as a common law marriage—or if your ex is claiming one and you disagree—it’s smart to talk to a Texas family law attorney.
An experienced lawyer can help you:
- Prove or dispute a common law marriage
- Protect your financial rights
- Handle child custody and support arrangements
The cost of legal help might seem high, but the cost of not addressing the issue could be much higher. You could lose property, parental rights, or financial support you’re entitled to.
Final Thoughts: Know Where You Stand
The bottom line? Common Law Marriage in Texas Divorce is more than just a casual breakup. If you meet the criteria for common law marriage, you’re stuck with the legal responsibilities that come with it—including the need to file for divorce.
Understanding your relationship’s legal status can save you time, money, and stress. So whether you’re planning your future, ending a partnership, or just curious about your rights, it pays to know where things stand.
If you want to explore more about managing child custody during a divorce, check out our post on How Texas Courts Decide Custody.
And remember, no matter how informal your relationship may feel, Texas law might see things very differently. So it’s always best to be informed—and ready.