I'm taking a legal class in college and my professor said that to have a common law marriage you must:
present yourself as man and wife at least once...
both signed a document as man and wife (any document)
and lived together for any amount of time.
(i.e. you go to a hotel, say you're husband and wife, sign the hotel recipt and stay the night you're common law married!)
What about divorce? Is there such a thing as common law divorce?
2007-01-28 01:52:24 · 11 answers · asked by while_love_remains 2 in Family & Relationships ➔ Marriage & Divorce
Common law divorce in Texas is the same as regular divorce. With the exeption of having to prove that you're common law married through the joint signatures on tax forms and witnesses to the fact you've been calling yourself husband and wife for x- number of years.
2007-01-28 02:05:20 · answer #1 · answered by S. W 4 · 0⤊ 0⤋
1
2016-04-17 16:36:54 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Boy Texas sure sounds easy! In Pennsylvania, Common Law used to include that two people had to have lived together "as man and wife" for a minimum of 7 years. I don't know the other criteria and I don't know whether that has changed at all. I would be interested to know about Common Law "Divorce", too.
2007-01-28 01:59:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Common law marriages define divorce as 50/50 split of all marital assets. So no legally speaking there is no such thing as common law divorce, per se, but a divorce of a common law marriage. Also beside Wisconsin there are 11 states that recognize common law marriages and those are allout west
2007-01-28 03:12:03 · answer #4 · answered by Arthur W 7 · 0⤊ 0⤋
Common law marriage in Texas is when you acknowledged that you a husband and wife you need no marriage license,just living together, and buying things together as married people do.Now for the divorce part,you have to hire a lawyer and file for a divorce through the courts..No other way around it.Doesn't cost anything going in,but cost through the nose going out..
2007-01-28 02:07:06 · answer #5 · answered by Mary O 6 · 0⤊ 0⤋
Common law marriage is really a thing of the past which varies from state to state. If you are having sex, living together, have purchased property together, or have joint bank accounts makes community property. This can be handled in civil court with a split, Most cases will split 50/50 on community property and you both leave with whats yours.
2007-01-28 02:17:28 · answer #6 · answered by Barry W 2 · 0⤊ 0⤋
I think all that is required is for both the husband and wife to sign the divorce document (the decision does not always have to be mututal) and then if going to court for the discussion of a pre-nup or custody of children is necessary, doing that. But then again, I've never been divorced, lol. Hopefully this helps :)
2007-01-28 02:01:14 · answer #7 · answered by Tiffany 4 · 0⤊ 0⤋
I live in colorado and am actually being sued by my ex-boyfriend as he is claiming to be common law married to him. You have to file what is called a dissolution of marriage in Colorado. You have to prove that you are or are not common law married to someone. I have heard so many different variations to these laws, but cohabitation alone is not sufficient enough to make a common law marriage. We didnt' have any joint accounts, no checking, no savings, no credit cards, nothing....we never filed taxes together....we didn't hold ourselves out to everyone as we were a married couple - only boyfriend and girlfriend.....i think i have a strong case...but will let you know based on what i have if we were considered to be common law or not.
If he can prove that you held yourselves out, if you filed joint taxes or have joint credit, bank accounts, etc....depending on what the courts criteria is....you may be considered common law...it's so hard to tell - good luck to you.....i know for me - it's a huge lesson in life...
2007-01-28 02:09:47 · answer #8 · answered by regis 1 · 0⤊ 0⤋
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2016-04-23 06:19:55 · answer #9 · answered by michal 3 · 0⤊ 0⤋
Yes. Personally, I think it's all BS.
2007-01-28 02:02:41 · answer #10 · answered by Gasman 4 · 0⤊ 0⤋