2006-09-25 05:00:16 · 7 answers · asked by Debbie T 2 in Family & Relationships ➔ Singles & Dating
heres ?s from resource
Q: I have heard that if we live together for a certain period of time, we are automatically in a common law marriage whether or not we tell anyone we are married. Is that true?
* A: No. You must satisfy the three-part test described elsewhere in this article to be in a common law marriage, no mater how long you have been living together.
Q: If we have children together, are we automatically in a common law marriage?
* A: No. You must satisfy the three-part test described elsewhere in this article to be in a common law marriage,even if you have had children together.
Q: He has introduced me as his wife, although I have not introduced him as my husband. We have not taken any other actions that would hold us out to the world as being married. Are we in a common law marriage?
* A: It depends on whether you tried to correct the impression that you were married. If you did, you may have some argument that you had not agreed to be married. But if you knew that you were being introduced in this fashion and did nothing to correct the impression that you were married, you may well be in a common law marriage.
Q: Does being in a common law marriage have the same legal effect as being in a marriage where you had a license and a ceremony - for example, with regard to community property and child custody?
* A: Once the common law marriage is legally established and in existence, yes.
Q: Can I get a protective order against an abusive common law spouse?
* A: Yes, if you are in or have been in a household with a violent person and there are recent incidents of violence or serious threats of violence. Being in a common law marriage does not prohibit you from requesting a protective order.
Q: What makes a common law marriage?
* A: Three elements must be present to form a common law marriage in Texas.
First, you must have "agreed to be married."
Second, 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 you partner socially as "my husband," or you may have filed a joint income tax return.
Third, you must have lived together in this state as husband and wife.
Q: How can I get out of a common law marriage?
*
A: Common law marriage may end in two ways. If there have been children or if property and debts remain undivided, you will want to seek a formal divorce. In a divorce, paternity, custody, support, and visitation can be determined, and debts and community property can be divided.
Under a new provision of the Family Code, either partner in a common law marriage has two years after you split up to file an action to prove that the marriage did exist. In order to fit into this provision, you must have separated after September 1, 1989.
Both partners in a common law marriage are responsible for debts and for care and support of children of the marriage. It is therefore urgent that you discuss the ending of this marriage with an attorney. You have a choice of methods, but they all require you to act within a certain length of time. However, even if the time has expired for you to obtain a divorce, other steps can be taken to get orders for payment of child support and visitation for children of the marriage.
Last Modified: Wednesday, May 31, 2006 11:46 AM
hope this helps
2006-09-25 05:08:36 · answer #1 · answered by texasdaddy2009 3 · 0⤊ 0⤋
No there is no common law marriage in the state of Texas. There used to be one but it has been gone for years.
2006-09-25 12:04:16 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, they do. The time is a year or less, and they must refer to each other as husband and wife. I lived in TX last year and my daughter did a report on this for school.
2006-09-25 12:05:32 · answer #3 · answered by AsianPersuasion :) 7 · 0⤊ 0⤋
They don't recognize common law here. They stopped that years ago, and I don't think there are very many states left that recognize it either.
2006-09-25 12:05:52 · answer #4 · answered by dodlydink 4 · 0⤊ 0⤋
A year, but you have to act like your married to be considered common law married (i.E. call eachother husband and wife)
2006-09-25 12:03:22 · answer #5 · answered by ♥RN♥ 4 · 0⤊ 0⤋
yes we do and its 6 months or better than that just introduce your partner as your husband / wife in front of people you know and they acknowledge that statement its pretty much set----born and raised and still living in Texas
2006-09-25 13:51:58 · answer #6 · answered by Ladder Captain-29 5 · 0⤊ 0⤋
go to a hotel and check in as Mr and Mrs (whatever your last name is) and you are married.
2006-09-25 12:53:31 · answer #7 · answered by oldsoftee2001 6 · 0⤊ 0⤋