Informal Marriage
Divorces
Divorces encompass every area of your life. A client’s finances, family, employment, and all personal and business assets accumulated during the marriage. Getting a divorce is a grueling experience, but having an Alchemy Attorney walk this rocky road alongside will give you comfort to deal with the curve balls this unfortunate situation brings. We will always seek a harmonious and smooth solution in a familial, thoughtful kind of way because we believe harmony is the best path for this service.
Common Law or Informal Marriages
- A declaration of the marriage has been signed, or the couple agreed to be married;
- After the agreement, they lived together in this state as husband and wife, and;
- The parties continually, and without disruption, represented to others they were married.
There cannot be any time in the relationship when all three elements are not continuous and by agreement. If one person breaks the continuity, it will be more difficult to prove an informal marriage existed. Also, if you have a ceremony, hold yourself out publicly as having a “wedding” ceremony, and put photos on social media or the opposing party is in possession of photos, but there is no formal license, it will be difficult to prove an informal marriage did not exist.
If you are separated and want to make the argument a common-law marriage existed, you must file for divorce before the second anniversary of the separation. If you try to prove the marriage’s existence after the second anniversary of the separation, the court will presume the parties did not agree to be married and the court will conclude no marriage existed. Keep in mind that even if the above requirements are met, an informal marriage cannot exist if a party is presently married (formally or informally) to a person who is not the other party to the informal marriage, or if a party is under 18 years of age.
It is essential to clarify the status of an informal marriage because once an informal marriage is established, it will affect property distribution if and when a couple ever decides to divorce. Sometimes one party files for divorce, and the other party does not believe they entered into an informal marriage. In this instance, the party asserting the informal marriage claim would need to prove the existence of the marriage.
Absence Of A Marriage
- Agreement to be married: Both parties must have agreed to be married and considered themselves as husband and wife. This can be shown through various means, such as jointly referring to each other as spouses, introducing one another as spouses to others, or exchanging wedding vows.
- Cohabitation: The couple must have lived together in Texas as spouses. Merely dating or having a long-distance relationship does not satisfy this requirement. Evidence of shared residence, joint financial arrangements, or jointly owned property can help establish cohabitation.
- Holding out as married: The couple must have represented themselves to others as being married. This can be demonstrated by filing joint tax returns, using the same last name, or presenting themselves as married on official documents.
- Affidavits: Sworn statements from the couple and other witnesses who can attest to the existence of the common law marriage.
- Documentation: Documents showing joint ownership of property, joint bank accounts, or joint bills. This can include leases, mortgage documents, utility bills, or insurance policies.
- Testimony: Testimony from friends, family members, or other individuals who can confirm the couple’s relationship and their representation as a married couple.
- Photos and correspondence: Photographs showing the couple together, as well as letters or emails addressed to each other as spouses, can help establish the nature of the relationship.