As a divorce lawyer in Brownsville Texas, I often see people seeking a divorce after believing that they are common law married. Common law marriage is actually called “informal marriage” in Texas. There are two different methods for proving a common law marriage.

1. Certificate of informal marriage – people can declare themselves married by filing a form with the county clerk in the county of their residence.

2. Live together and declare publicly that you are married. This form of common law marriage is often proved by using tax returns, banking documents, utility bills and other common documents that could evidence intent to be married. If documents are not available, witnesses can be used to testify that a couple held themselves out to be married.

If you believe you are married informally in Texas and believe you need a divorce, it is advisable that you consult with a divorce lawyer.

in order to divorce from a common law marriage you must file the divorce within two years of your separation. If you wait more than two years it will be presumed that you were never actually married.