An Informal-Marriage Divorce

What is an Informal-Marriage

Texas law recognizes both formal and informal, also known as common-law marriages, with few legal distinctions between them. However, when filing for an informal-marriage divorce, individuals may face difficulties in proving the existence of the marriage, particularly if their supposed spouse denies it. To establish an informal marriage, the Texas Family Code mandates proof of an agreement to marry, cohabitation in Texas as husband and wife after the agreement, and representation to others in Texas that they are married. Alternatively, couples in an informal marriage may sign a declaration of informal marriage. It is essential to note that informal marriages can only be entered into by individuals who are eighteen or older and not presently married to anyone else.

The Process of an Informal-Marriage Divorce

If a party wishes to pursue an informal-marriage divorce but did not sign a declaration of informal marriage, they must do so before the second anniversary of their separation from their common-law spouse. After this time, there is a rebuttable presumption that the parties did not agree to be married. Once the existence of an informal marriage is established, the process of obtaining a dissolution is generally the same as in a formal marriage. This includes seeking a no-fault or fault-based divorce and requesting a just and right division of marital property, spousal support, and child support.

Dividing marital property, also known as "community property" in Texas, in an informal-divorce action can be complex. According to Texas law, any property obtained during a marriage is considered community property unless proven otherwise, meaning that it belongs to both parties and is subject to a just and right division by the courts. However, determining when the informal marriage began and what constitutes community property can be difficult since there is no clearly defined start date. Evidence such as jointly owned property, shared bank accounts, and documentation of when the parties began referring to themselves as married can help establish when the informal marriage began and when community property started to accumulate.

Speak with an Experienced Divorce Attorney

Going through a divorce, whether formal or informal, can have a significant emotional and financial toll. The attorneys at Wilson Whitaker Rynell can provide expert guidance and help you achieve favorable outcomes in dissolution matters. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.