It has become common for couples to live together without rushing to the altar right away. In fact, many people never wed legally under family law, but prefer to go on living together and acting as a fully married couple. Learn more about the advantages and disadvantages of a common law marriage before discussing your options with your partner.

How Does Texas Define Common Law Marriage?

Common law marriage is just as legally binding as a more formal marriage. You must be living together, and you must regard one another as spouses. Both partners must also agree that they're married and that they intend to live as a married couple. Partners can additionally establish their marriage by co-signing documents as married spouses.

How Does Common Law Marriage Affect You Legally? 

Just because you live together as a couple doesn't mean you have a common law marriage. You must follow the guidelines set out under Texas family law, or else you can't be considered married under common law.

While this may not seem important, it will affect your ability to enjoy the benefits of marriage. For instance, married couples can file jointly on taxes, co-sign financial documents, and engage in other legal or financial transactions as spouses. Additionally, if the relationship fails, you won't be able to hire attorneys and sue for a legal divorce.

Can a Common Law Spouse File for Divorce?

Once you've entered into a common law marriage, it's legally binding. This means a divorce proceeding is necessary if the marriage fails. The process will be the same as any divorce in terms of dividing physical property and financial assets, establishing child custody, and determining needs for spousal or child support.

The grounds for divorce are also similar, ranging from adultery to neglect and cruelty. Issues of abandonment and living separately may be especially applicable in common law marriages, because many partners believe they can move away as the relationship ends. However, if one spouse can prove that the other relocated without them and that they remained apart for three or more years, that may be enough to sue for divorce.

If your common law marriage is coming to an end, it’s important that you consult an attorney who’s skilled in Texas law. Anderson Law Firm has been handling divorce and other areas of family law in the East Texas area for over 20 years. To explore their full range of practice areas, visit their website. To schedule an initial consultation, call (903) 792-1229.