Not Married & Splitting Up ---- Watch Out, You May need a Divorce

If you live in Texas, you probably know about common law marriage.  It is a way to become legally married, without going through a legally recognized ceremony. Although today there are over 20 million people in the State, the area is huge and still sparsely populated in the west and panhandle. You can imagine that 100 years ago it took a long time for a circuit judge or a minister to make his way across the state and marry eager couples.  To fill in the gaps, Texas allows a common law marriage. There are myths around what constitutes a common law marriage. In Texas, there are 3 elements that create the common law marriage.

1)      You must have agreed to be married

      2)      You must have held yourselves out as husband and wife.
      3)      You must have lived together in Texas as husband and wife.

You must satisfy all 3 elements.  If you do and are splitting up, you may want to consult an attorney and see if you need a formal divorce.  For the Texas Q&A on the topic, refer to FAQ.     

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