Common Law Marriage

Some people never choose to officially get married, even though they may live together and be completely devoted to one another as a husband and wife. A number of states recognize this as a common law marriage, while other states do not legally recognize the arrangement at all. In Texas, the law acknowledges common law marriages and provides a certain number of benefits to this type of situation.

Requirements for a Common Law Marriage

Despite what circulates as common lore for those who wish to be married under common law, living together for a certain amount of time does not automatically make you married. To be in a common law marriage, the couple typically must fulfill the following requirements:

• Live together for a certain amount of time
• Believe themselves to be married and acting as such, including calling each other “husband” and “wife,” as well as filing joint tax returns and using the same last name
• Intent to eventually get married

Benefits of a Common Law Marriage

Most states that recognize common law marriages treat them the same as regular marriages. This means that a spouse in a common law marriage gets the same rights as one that is in regular marriage. This can include:

• Hospital visitation rights
• Spousal inheritance
• Alimony

Common Law Marriage and Divorce

Because of the benefits of common law marriages, they often require a divorce should the couple decide to split up. Of course, this is not a guarantee, but it can help when the couple is trying to divide up the property and determine child custody. In any case, it is a good idea to contact a lawyer to learn for sure whether or not you need to get a divorce if you are dissolving a common-law marriage.

Contact Us

For more information on common-law marriages and common-law divorces, as well as other family law topics, contact the Frisco divorce lawyers of Alexander & Associates today by calling 972-420-6570.