How long is common law in Texas? This is a question that often arises among individuals who are navigating the complexities of Texas family law. Common law marriage, also known as informal marriage, is a legally recognized form of marriage that does not require a formal ceremony or a marriage license. Understanding the duration of common law marriage in Texas is crucial for those who are considering or have entered into such an arrangement.
Common law marriage in Texas is recognized if certain criteria are met. According to Texas Family Code, a common law marriage is valid if both parties intend to be married, have lived together in Texas as husband and wife, and have represented themselves to others as husband and wife. The duration of common law marriage in Texas is not determined by the length of time the couple has lived together but rather by the date when the parties began cohabitating and representing themselves as married.
Once a common law marriage is established, it is considered valid for the same duration as a formal marriage. This means that if a couple has been living together and representing themselves as married for five years, their common law marriage is recognized as valid for the entire five years. However, it is important to note that common law marriage in Texas is not recognized if the couple has lived together for less than two years before the death of one of the parties or before a court proceeding to dissolve the marriage.
The duration of common law marriage in Texas can have significant implications for legal matters such as property division, inheritance, and alimony. For instance, if a common law marriage is dissolved, the court may consider the duration of the marriage when determining the amount of alimony or property division. This is because the longer the marriage, the more time the parties have spent together, and the more entwined their financial and personal lives may be.
Understanding the duration of common law marriage in Texas is also crucial for those who wish to dissolve such a marriage. If a couple has been living together as husband and wife for two years or more, they can file for divorce just as they would in a formal marriage. However, if the couple has been living together for less than two years, they may need to prove that they intended to be married at the time they began cohabitating, which can be a challenging task.
In conclusion, the duration of common law marriage in Texas is not determined by the length of time the couple has lived together but rather by the date when they began cohabitating and representing themselves as married. It is essential for individuals considering or already in a common law marriage to understand the legal implications and to seek legal advice when necessary. By doing so, they can ensure that their rights and interests are protected and that they are fully aware of the duration of their common law marriage.
