Common Law Marriage

Have you ever heard of someone divorcing a person they never married?

It does happen. Texas is a common law state. Three elements must be present to form a common law marriage in Texas:

  1. You must have "agreed to be married".
  2. You must have "held yourselves out" as husband and wife.You must have represented to others that you were married to each other. As an example of this, you may have introduced your partner socially as "my husband", or you may have filed a joint income tax return.
  3. You must have lived together in this state as husband and wife.

If you have done the above, you may find yourself divorcing someone you have never married.

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