Family Law 101: Am I Common Law Married? If so, Do I Have to Get Divorced? (Informal Marriage-Texas)

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  • čas přidán 4. 11. 2020
  • No doubt you’ve heard this misconception - If you live together with someone X number of years, you’re common-law married in Texas.
    Truth is, that is flat wrong. To be common-law married or informally married (as it’s referred to in the Texas Family Code), you must satisfy three distinct elements: 1) you had an agreement to be married (can be inferred), 2) you lived together as a married couple, and 3) you “held yourselves out” as married. The cases usually turn on the “held yourself out” piece.
    So, if you’re living with someone you call husband/wife, you’ve filed taxes as a married couple, and you’re listed as a spouse on the other person’s insurance - you’re likely informally married. And that’s a big deal because informal marriages are treated the same as “regular” marriages in Texas. If want to end it - you have to get “regular" (mostly) divorced. It doesn’t just dissolve or go away when you break up. You’ll have to go through the court process, handle the division of community property, could be subject to spousal maintenance obligations - the list goes on.
    If you need help figuring out whether you’re in an informal marriage and, if so, how to get out, give us a call! 512.765.7002. or visit our website www.austindivorcelawyers.us/

Komentáře • 16

  • @jessokcool1
    @jessokcool1 Před 2 lety

    great info

  • @jordyvillalta8488
    @jordyvillalta8488 Před 2 lety +2

    1. Agreement to be married
    2. Living together
    3. Hold yourself out to be married (file tax together, labeled as spouse on insurance)

  • @samd8016
    @samd8016 Před rokem

    I love your show ❤

  • @reechard123
    @reechard123 Před 8 měsíci

    This video gave me a better understanding common law marriage
    For my situation

  • @kevinwescott8493
    @kevinwescott8493 Před rokem

    I was wondering if you can be considered Commonwealth marrif one of the people were legally still married To another person.. My girlfriend and I have lived together long enough to be common law but her husband never signed the divorce papers.. Can we be considered Common law married Common law married?

  • @weekendnomad5038
    @weekendnomad5038 Před 3 lety +4

    The court told me the only way to actually be common law married is by signing the informal marriage paper . 🤔 I was with my ex for years (said we were married to ppl) and when we broke up I was able to move on without a divorce so I feel like the common law married thing is so weird .. it’s a weird concept to think you can be married without paperwork.. to me it’s not actually being MARRIED lol

  • @russellovemuscle
    @russellovemuscle Před 2 lety

    So if u was to post things about your "girl friend" from time to time would that be something u could use to prove u had no agreement to marriage at the time of the post?

  • @kitten103083
    @kitten103083 Před 2 lety +2

    What do I file on my W2? Married or single if I’m common law married ?

    • @micheledavis552
      @micheledavis552 Před 3 měsíci +1

      Married. You are basically move though life as if you are married.

  • @someone-ql6pu
    @someone-ql6pu Před rokem +1

    why is it even exist or still do if it had purpose in the past
    if I wanted to get married I would get married. if I didn't tell the government it maybe indicate I don't want them to fuck it or interfere.

  • @sah1681
    @sah1681 Před rokem +1

    Somebody please answer: is sex biblically appoved/blessed in common law marriage? After all, back in biblical times, there was no formal wedding offices, right?

    • @jeffreyburney6161
      @jeffreyburney6161 Před rokem +2

      That is because the government wants to intrude in your private life. To me, it’s not in the governments business with your married or not. The government should have no say in marriage or divorce or child custody. There is a private matter. That’s why I am avoiding marriage until things change.

    • @ciannacoleman5125
      @ciannacoleman5125 Před 3 měsíci

      The Israelites had wedding contracts, just because their culture had a different type of marriage system doesn’t mean they were informal. There were written out legally binding contracts and massive celebrations at the time of the wedding.

  • @Choco-sk2gj
    @Choco-sk2gj Před rokem +1

    Cutie

  • @rorysphotography
    @rorysphotography Před 11 měsíci +1

    Marriage is stupid for men, the end.