Common-Law Marriage & Divorce in Texas
Texas is one of the few states that still recognizes common-law marriage. If you meet the requirements, you're legally married — even without a ceremony or marriage certificate. But ending a common-law marriage requires a formal divorce, just like any other marriage.
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Talk to AI AdvisorStates That Recognize Common-Law Marriage
Only a handful of US states currently allow new common-law marriages:
Colorado
No minimum time required. Courts look at mutual agreement, cohabitation, and public representation as married.
Iowa
Present intent to be married, public declaration, continuous cohabitation. No time limit.
Kansas
Capacity, mutual agreement, and holding out as married to the public.
Montana
Mutual consent, cohabitation, and community reputation as married.
Texas
Agreement to be married, cohabitation in Texas, representation to others. Can file Declaration of Informal Marriage. 2-year statute of limitations to prove after separation.
Utah
Most restrictive: requires court petition for judicial validation during or within 1 year after the relationship.
Also recognized in: District of Columbia. New Hampshire recognizes only for inheritance/probate purposes after death.
The Common-Law Marriage Myth
- ✓MYTH: Living together for 7 years automatically makes you married. FACT: No state has a time-based rule — it's about intent, cohabitation, and public representation.
- ✓MYTH: You can end a common-law marriage by simply moving apart. FACT: You need a formal divorce, just like any other marriage.
- ✓MYTH: Common-law marriage isn't 'real' marriage. FACT: It carries all the same rights and obligations as ceremonial marriage.
- ✓MYTH: Only your state matters. FACT: A valid common-law marriage from one state must be recognized in all 50 states.
Requirements in Texas
- ✓Both parties must have legal capacity to marry (18+, not already married, not closely related)
- ✓Mutual present-tense agreement to be married (not a future plan)
- ✓Cohabitation as a married couple
- ✓Holding out/representing to the public as married (joint accounts, same last name, filing taxes jointly, etc.)
- ✓No specific time period required in any state
- ✓Texas unique: can file a 'Declaration of Informal Marriage' with the county clerk for instant proof
Divorcing a Common-Law Marriage
- ✓A common-law marriage requires a formal divorce — same process as any other marriage
- ✓Property is divided the same way as in a ceremonial marriage (community or equitable distribution rules apply)
- ✓Spousal support, child custody, and child support are handled identically
- ✓The biggest challenge: PROVING the marriage existed — there's no marriage certificate
- ✓Evidence includes: joint tax returns, joint accounts, shared last name, insurance beneficiary designations, testimony from friends/family
- ✓Texas: if more than 2 years pass after separation without filing, the law presumes no marriage existed
- ✓Hire an experienced family law attorney — common-law divorce has unique evidentiary challenges
Every situation is different
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Legal Disclaimer: This article covers Texas divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Texas family law attorney for advice specific to your situation.