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Michael Lawrence Herndon's Answers

Michael Lawrence Herndon
Houston Divorce / Separation Lawyer.
Contributor Level 1

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Attorney answers:

  1. Sylvia Duarte
  2. James Ryland Miller
  3. Michael Lawrence Herndon
  4. Michael J Corbin

How extensive is common law marriage in the state of Texas? Is child custody included in this type of divorce?

Asked by a user in Dallas, TX - 4 months ago.

There is common law marriage in Texas. The Texas Family code referes to it as "informal marriage". As many attorneys have noted, you may file a notice of informal marriage, but this is not required to establish an informal marriage. Texas has a three prong test: 1) living together, 2) holding out as husband and wife and 3) an agreement to be married. If the court finds that an informal marriage does exist, then all custody issues are on the table. If an informal marriage is not established, the...

3

Attorney answers:

  1. M Elizabeth Foley
  2. James Ryland Miller
  3. Michael Lawrence Herndon

Common law, divorce

Asked by a user in Dallas, TX - 4 months ago.

In Texas, confirmation of informal marriage (commoon law) is dependendent on three issues: 1) living together, 2) holding out as husband adn wife adn 3) [the toughest to prove] an agreement of both parties to be married. If any of the three are not proven, no marriage exists.