Legal Question in Family Law in Texas

Re: Divorce

Thank you for your question. Contrary to popular belief, a common law marriage is not formed simply because a man and woman have children together or because they lived together for a specific period of time. Three elements must apply in order for a common law marriage to be formed. They are:

1) Cohabitation;

2) holding out to public as husband and wife;

3) Agreement to act as married couple.

Unfortunately, although a common law marriage is easy to form, there is no such thing as a "common law divorce."

Once the elements apply to your relationship, you will need a formal decree of divorce to dissolve the relationship. This is especially important if there are children of the relationship. The best way to get started with a divorce is to consult with an attorney. Many attorneys do not charge for initial consultations. Sit down with an attorney and get more information.