Common Law Marriages

Frisco Common Law Marriage Lawyers

Understanding Your Rights & Legal Options

In the state of Texas, “common law marriage” is legal. In other words, two individuals may enter a valid, informal marriage that affords similar marital rights and obligations as traditional marriage. And, much like two married spouses going through a divorce, two individuals who are common law married may require legal assistance in the event that they choose to separate.

Pfister Family Law provides comprehensive legal representation for all types of family law and divorce matters. If you share children, assets, debts, or business ventures with someone to whom you are common law married and wish to separate, our Frisco common law marriage lawyers can help. We are here to outline your legal rights, inform you of your options, and provide dedicated counsel and representation every step of the way.

Give us a call at (972) 370-5172 or submit an online contact form to request a consultation.

Proving Common Law Marriage in Texas

In order to enter a valid common law marriage in the state of Texas, two individuals must show that:

  • They are both currently unmarried (whether formally or informally)
  • They are both at least 18 years of age
  • Both parties agree to the common law marriage
  • They agree to live together as a married couple in Texas
  • They hold themselves to represent themselves as being married to others

To validate the common law marriage, both parties may sign a Declaration of Informal Marriage, which will then be filed with the county clerk’s office. However, such Declaration is not necessary to make a common law marriage valid and enforceable.

As such, should the two individuals later choose to separate, they will navigate a process similar to a formal divorce. In Texas, all property that is acquired during a marriage, including a common law marriage, is considered community property and is subject to division in the event of a separation or divorce. Similarly, like any parents who share a child, if two common law married individuals have any children, they will need to make decisions regarding child custody and parenting plans.

How Our Firm Can Help

Common law marriages in Texas are essentially treated by family courts in the same way as any formal marriage. If you and your partner choose to separate, it is a good idea to work with an attorney who is experienced in this area of law and who can help ensure your rights are protected.

Our Frisco common law marriage lawyers have decades of legal experience and a long history of success. We can provide you with compassionate, personalized legal counsel and fight for your best interests both in and out of the courtroom.

Request a confidential consultation by calling us at (972) 370-5172 today.

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  • “John Pfister has been an exceptional family attorney for me during some seriously tumultuous times. My ex and I have gone through two different modifications (for reasons I will not go into). John ...”

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What Makes Pfister Family Law?

  • We Always Think in Terms of Resolution
  • We Offer Child Custody and Parenting Agreements
  • We Prepare Each Case for the Possibility of a Jury Trial
  • We Commit to Constantly Adding to Our Legal Knowledge
  • We Strive to Be Responsive, Attentive and Compassionate