[TX] Can I file for alimony after a common law relationship if we never formally registered or documented the marriage?

TX Family Law

Liz

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Filing taxes jointly can indicate it is a valid marriage. You don't have to file to have it recognized in the court, it can just exist. (TX Fam Code § 2.401)

In Texas, if you establish a common law marriage, the only way to terminate it is through a divorce. Then, you could seek alimony, the same way someone with a formal marriage would. (TX Fam Code § 6.001)

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Am I entitled to alimony as an ex-partner in a common law state?

Lexi, Chatbot

I understand that navigating alimony rights can be challenging. Can you please share how long you were in the relationship?

10 years.

Lexi, Chatbot

Were there any children involved in your common law partnership?

Yes.

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured they'll be able to help with your alimony entitlement.

No.

Lexi, Chatbot

Thank you for providing the information. To determine your entitlement to alimony as an ex-partner in a common law state, it is crucial to understand the specific laws of the state you reside in, as they can vary significantly.

In many common law states, the recognition of common law marriages can affect alimony rights. Generally, if a common law marriage is recognized, you may be entitled to similar rights as those in a formal marriage, including alimony. However, the court will consider several factors, such as:

Duration of the Relationship: A 10-year relationship is typically considered significant and may influence the court's decision.
Financial Dependency: If you were financially dependent on your partner during the relationship, this might support a claim for alimony.
Contribution to the Relationship: Contributions, both financial and non-financial, such as raising children, are considered.
Standard of Living: The standard of living established during the relationship may be taken into account.
Children: The presence of children and your role in their upbringing can also impact alimony decisions.

To proceed, it is advisable to consult with a family law attorney in your state who can provide guidance based on local laws and your specific circumstances. They can help you understand your rights and the likelihood of receiving alimony. If you need assistance finding a lawyer or have further questions, please let me know.

Yes.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, in what state do you live?

Texas.

Liz

Thank you for sharing that. Have you filed for divorce?

No, I wasn't sure if I needed to file anything first. I don't have any official documents. We've never filed anything for common law.

Liz

Did you file taxes together?

Yes, he's claimed me as a dependent.

Liz

Filing taxes jointly can indicate it is a valid marriage. You don't have to file to have it recognized in the court, it can just exist. (TX Fam Code § 2.401)

Ok, that's good to know. What about custody and child support? How does that tend to work? At the moment I'm currently unemployed so I'm a little worried he'd have more rights custody-wise than me.

Liz

Custody and wages don't go hand in hand. If you for example are the primary caretaker, that would factor in despite being unemployed.

That's reassuring. Do I file for divorce and custody separately or at the same time?

Liz

You would file them together.

Ok, thank you!

Liz

You're very welcome.

Liz

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