
Not all marriages begin with a wedding ceremony. In Texas, the law recognizes common law marriages, also known as informal marriages, when certain conditions are met—even if there was never a marriage license or traditional ceremony. While these relationships can offer legal protections similar to formal marriages, they can also create serious legal and financial complications—especially when the relationship ends.
At the Law Offices of John B. Polk, we help individuals understand their rights and obligations when it comes to common law marriage. Whether you're seeking recognition of a common law union, navigating separation, or disputing the existence of such a relationship, John has the experience and legal insight to protect your interests.
Under Texas law, a court may consider a couple to be in a valid common law marriage if the following elements are present:
-
The couple has signed a Declaration of Informal Marriage, or
-
They agreed to be married,
-
Lived together (cohabitated) in Texas as spouses, and
-
Represented to others (family, friends, employers, etc.) that they are married
It’s not necessary to meet all of these factors in writing—a verbal agreement combined with actions and shared representations can be enough to establish a marriage in the eyes of the court. However, proving or disproving a common law marriage can be complex and fact-specific, often requiring witness testimony, financial records, and legal documentation.
If you’re facing the dissolution of a common law marriage, it’s important to act quickly. Texas law imposes strict time limits for asserting a claim after separation. Failing to act within these deadlines can result in the court refusing to recognize your marriage—and leaving you without legal protections related to property division, child custody, or spousal maintenance.
John and his team offer clear, practical legal advice tailored to your situation. Whether you need to file for divorce, defend against a claim, or simply clarify your rights, we can assist with all related family law issues, including:
-
Property division (community vs. separate property)
-
Child custody and visitation
-
Child support and enforcement
-
Spousal maintenance / alimony
-
Enforcement or defense of common law marriage claims
John B. Polk has earned a reputation for compassionate counsel and results-driven representation. With a deep understanding of Texas family law and a client-first approach, he will fight to protect what matters most—your financial security, your parental rights, and your peace of mind.
If you believe you're in a common law marriage—or need help ending one—contact the Law Offices of John B. Polk today for a confidential consultation.
WE CAN HELP. LET'S TALK.