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In Texas, you do not have to go through a formal ceremony to be considered married in the eyes of the law. However, most people assume that a formal ceremony must occur in order to be married. This assumption is incorrect. It is important to know the three criteria that must be met for a common law marriage to exist, so that you can recognize it if it applies to your case. A man and a woman will likely be considered informally married if:
they agree to be married
they live together as “husband and wife” and
they hold themselves out or represent to others that they are married.
If you have an informal or common law marriage, you must follow the same basic steps in the divorce process, as if you had been married in a formal ceremony. Some of the most complicated issues arise in common law marriages when the parties are attempting to divide community and separate property. If you believe you are in a common law marriage, you should consult an attorney to discuss the proper division of your property in order to avoid the many obstacles that are involved in this area of the law.’
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