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How do we dissolve a common law or informal marriage in Texas?

How do we dissolve a common law or informal marriage in Texas?

Full question:

I had legal papers made up in 2006 for a informal marriage for insurance reasons. We have not had contact since 2007. What is the process to dissolve the legal paperwork that was filed in Harris county TX?

Category: Marriage
Subcategory: Common Law Marriage
Date: 04/07/2025
State: Texas

Answer:

As you may know, one of the reasons you registered your informal marriage, was to have proof of it in the event of a separation.

In Texas, if the couple should split up and one of the individuals wishes to prove in a proceeding that the common-law marriage had occurred, she or he must start the determination process before the second anniversary of the date on which the couple separated and ceased living together. Otherwise, it is rebuttably presumed that the individuals did not agree to being married.

You do not need legal action to end such a relationship, if it was created in Texas.

Texas also recognizes as valid, common law marriages created in other states if the legal requirements of those states have been met. As a result, legal action is needed to dissolve legal “common law” marriages performed in other states and foreign countries in compliance with their licensing and ceremonial regulations.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the 6 month rule in Texas?

The 6 month rule in Texas refers to the requirement that a couple must live together for at least six months to establish a common-law marriage. This period is part of the criteria to demonstrate that both parties intended to be married. If a couple separates, they must also file for divorce or dissolution of the marriage within two years to avoid the presumption that they did not agree to be married. This rule ensures that informal marriages are recognized only if certain conditions are met.

What is a wife entitled to after 10 years of marriage in Texas?

In Texas, after 10 years of marriage, a wife may be entitled to a share of community property, which includes assets acquired during the marriage. Texas is a community property state, meaning that both spouses equally own property acquired during the marriage. Additionally, if the marriage ends in divorce, the wife may seek spousal support, depending on the circumstances, such as financial need and the other spouse's ability to pay.

Do you get a marriage certificate with informal marriage in Texas?

In Texas, an informal marriage, also known as a common-law marriage, does not require a marriage certificate. Instead, it is established through mutual agreement and cohabitation. However, if you wish to have formal documentation, you can file a Declaration of Informal Marriage with the county clerk, which serves as proof of the marriage. This can be useful for legal purposes, such as insurance or inheritance.

Is there a 10 year marriage rule in Texas?

The term '10 year marriage rule' often refers to the potential for spousal support in Texas. While there is no specific rule that guarantees support after 10 years, Texas law allows for spousal maintenance if the marriage lasted at least 10 years and the requesting spouse lacks sufficient property to provide for their minimum reasonable needs. The court will consider various factors, including the duration of the marriage and the financial situation of both parties.

How long do you have to be married to get half in Texas?

In Texas, there is no specific duration of marriage required to claim half of the community property. Texas law recognizes that all property acquired during the marriage is community property, which is typically divided equally upon divorce. However, if a couple has been married for a shorter time, the division may still reflect the contributions of each spouse to the marriage. The court will consider various factors in the property division process.

How to dissolve an informal marriage in Texas?

To dissolve an informal marriage in Texas, no formal legal action is necessary if both parties agree and have been separated for at least two years. After this period, it is presumed that the couple did not intend to remain married. If one party needs to prove the existence of the marriage for legal reasons, they may need to file a Declaration of Informal Marriage. It is advisable to consult with a legal professional for specific guidance based on individual circumstances.