Austin Common Law Marriage Lawyers

Helping You & Your Partner Find the Best Way Forward

Have you been living with your partner for years but neither of you is sure if a traditional marriage is what you want? Maybe you just don’t want to bother with getting a marriage license or having a religious ceremony. Whatever your reasons for not being interested in marriage, you should know that you might be able to legally tie the knot without a typical ceremony by using common law marriage as an alternative.

Our Austin common law marriage attorneys of Cofer & Connelly, PLLC would be happy to explain this alternative marriage option to you and your partner, as well as walk you through any related processes. Our team has helped many Texans get married using common law marriage statutes, so you know that we’ll be ready to help with your case, too.

To schedule a consultation and learn more about common law marriage, contact us online or call (512) 991-0576 at any time.

What is Common Marriage Law in Texas?

Texas is one of just a handful of states that recognizes common law marriage or just “common marriage” as it is sometimes referred to in legal contexts. The law states a common marriage may be proved by evidence the couple agreed to be married, lived together in the state as a married couple, and presented themselves as married to others. It serves as an alternative to becoming married without going through traditional methods and ceremonies.

Who is Eligible for Common Law Marriage in Texas?

To be eligible for a common law marriage with your partner, you must meet three requirements:

You and your partner agree to be married, which means consenting to a permanent marital relationship with your partner at the time you file your common law marriage case. A written agreement signed by both parties is probably the easiest way to show a court you meet this requirement, but your actions may also serve as proof of intent.
You and your partner agree to live together as a married couple.
You and your partner present yourselves to others as a married couple, which might be the most complicated requirement to meet. If you have witnesses testify that you and your partner act as married for all intents and purposes, it could serve as proof for this requirement. You may also be able to use a legal contract like a mortgage or car loan as evidence if you fill it out as husband and wife.

In addition to these three requirements, couples must also meet the normal requirements for Texas couples who want to get married.

You and your partner must be:

At least 18 years old;
Not related to one another by blood; and,
Not married to anyone else.

How to Enter a Common Law Marriage

If you wish to enter a common law marriage with your partner, you must file a common law marriage case with your county court. A common law marriage lawyer from our firm can work with you to gather evidence and prepare your case so nothing important is missing from it. Our goal is for the court to accept your request for a common law marriage on the first filing without any delay.

If the court approves of your common law marriage, you and your partner will be legally married for all intents and purposes. If you want to end your common law marriage later, you will need to file for a formal divorce as though you did get a traditional marriage.

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Why Are More People Considering Common Law Marriage?

For decades, the marriage rate in the United States has steadily declined. A study by Pew Research found that, in 2012, one in five adults over the age of 25 had never been married. In 1960, only one in ten adults wasn't married by their mid-20s. Even though marriage rates are at an all-time low, the number of couples cohabiting (living together without marrying) has steadily increased. A study on cohabitation by Pew found that, from 2007 to 2017, the number of cohabiting adults was up 29% from previous years.

This decrease in traditional marriages but the large increase in cohabitation appears to be the main driving factor behind the increase in common law marriage cases in Texas. Many people who have been together for years but never thought of getting married decide that common law marriage is the right “middle ground” once they learn about it. Could this be the case for you and your partner, too?

How We Help with Common Law Marriage Cases

At Cofer & Connelly, PLLC, we understand that every common law marriage case is unique, so we take pride in tailoring our legal services to every couple who comes to us for help. Our team is here to guide you through even the most challenging cases with clarity, compassion, and confidence.

You can come to our firm in Austin, Texas, if you need help with:

Establishing a common law marriage: Our attorneys can work to gather documentation and proof that justifies why you want to file for a common law marriage. We can also help you if your right to use common law marriage has been challenged.
Disputing a common law marriage: Not all relationships should be classified as common law marriages, and sometimes, disputes arise over whether such a marriage existed. If you find yourself facing a claim of common law marriage that you believe is unfounded, we are here to protect your best interests. We can rigorously review the facts and help you challenge assertions that could otherwise lead to unintended legal consequences.
Divorce or dissolution of common law marriage: The dissolution of a common law marriage involves the same stages and obstacles as any other divorce in Texas. From dividing assets and debts fairly to determining spousal support, our attorneys handle these cases with care and precision.
Estate planning and probate issues: Common law marriages can become contentious during estate administration, especially when there are disputes over inheritance or property ownership. Let us help resolve complex estate and probate matters efficiently and effectively.
Child custody and support in common law marriage: When children are involved, disputes about custody, visitation, and support may arise at the start, during, or after the end of a common law marriage. Our attorneys prioritize the best interests of your children and look for fair and workable solutions for everyone.

See If Common Law Marriage Works for You – Call Now

Our Austin common law marriage lawyers can walk you through all processes related to common law marriage. Any question you have, we have the answer thanks to our family law experience. Don’t wait to get the legal guidance you need – we’re ready to help at any time.

Call (512) 991-0576 and schedule a consultation with our team today.

FAQ About Common Law Marriage in Texas

1. How can I prove a common law marriage in Texas?
To establish a common law marriage in Texas, you must typically show that both parties agreed to be married, lived together as a married couple, and presented themselves to others as being married. Evidence might include joint bank accounts, shared property ownership, or consistent acknowledgment of the marriage by family and friends.

2. What happens if my partner denies the existence of a common law marriage?
If your partner disputes the existence of a common law marriage, proving your case may require legal action. Our experienced attorneys can help you gather evidence and present a compelling argument to protect your rights under Texas law.

3. Are common law marriages recognized if we move out of Texas?
Most states recognize common law marriages if they were valid in the state where they began. However, laws vary by state, and complications can arise when moving to a state that does not allow common law marriages. Our team can help clarify how your relationship may be recognized and advise you on your rights.

4. What are my rights in a common law marriage if we separate?
Common law spouses have the same legal rights as those in traditional marriages, such as rights related to property division, spousal support, and child custody.

5. How long do we need to live together for a common law marriage to be valid?
Contrary to popular belief, there is no specific minimum time requirement for cohabitation to establish a common law marriage in Texas. What matters is the agreement to be married and presenting the relationship as a marriage publicly.

6. Can I remarry if I was in a common law marriage but never formally divorced?
If you were in a common law marriage, you must follow the same divorce procedures as formal marriages. Entering a new marriage without dissolving the previous one could lead to legal issues, including claims of bigamy.

7. Who inherits if one partner in a common law marriage passes away?
If a common law marriage is not legally recognized, it could complicate inheritance and property rights. Surviving spouses in valid common law marriages are entitled to inheritance under Texas law, though.