{"id":1102,"date":"2018-09-07T18:53:15","date_gmt":"2018-09-07T23:53:15","guid":{"rendered":"https:\/\/www.texasdivorceattorneyblog.com\/?p=1102"},"modified":"2018-09-07T18:53:15","modified_gmt":"2018-09-07T23:53:15","slug":"texas-common-law-marriage-after-divorce","status":"publish","type":"post","link":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-common-law-marriage-after-divorce\/","title":{"rendered":"Texas Common Law Marriage after Divorce"},"content":{"rendered":"<p>Texas recognizes common law marriages. To have a common law marriage, the parties must have agreed to be married, must have lived together as spouses after that agreement, and presented themselves as married.\u00a0 When most people think of common law marriages, they consider couples who were never formally married.\u00a0 However, in a <a href=\"https:\/\/cases.justia.com\/texas\/first-court-of-appeals\/2018-01-17-00138-cv.pdf?ts=1535632487\" target=\"_blank\" rel=\"noopener noreferrer\">recent case<\/a>, a man sought a Texas divorce from his ex-wife, alleging there was a common law marriage after their original divorce.<\/p>\n<p>The parties married in 2000 and divorced in 2005.\u00a0 They lived together until at least 2006 and had children together in 2006 and 2007. They worked together.\u00a0 Although they agreed that the relationship changed in 2012, they did not agree as to what happened later.\u00a0 The husband claimed they moved back in together by the end of 2013 and continued their relationship until late 2014.<\/p>\n<p>The husband filed for divorce in 2015. The wife moved for summary judgment on the grounds that they were not married.\u00a0 She argued they did not meet the requirements of a common law marriage. She offered affidavits the parties signed in 2013 indicating they were not married, did not live together, and had not held themselves out as married.\u00a0 In her deposition, she had denied living with the husband.\u00a0 She also pointed out the husband was unable identify the exact date of an agreement to be married.\u00a0 She also relied on documents in which the husband indicated he was divorced and not married, including a bankruptcy petition filed under oath.<\/p>\n<div class=\"read_more_link\"><a href=\"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-common-law-marriage-after-divorce\/\"  title=\"Continue Reading Texas Common Law Marriage after Divorce\" class=\"more-link\">Continue Reading \u203a<\/a><\/div>\n","protected":false},"excerpt":{"rendered":"<p>Texas recognizes common law marriages. To have a common law marriage, the parties must have agreed to be married, must have lived together as spouses after that agreement, and presented themselves as married.\u00a0 When most people think of common law marriages, they consider couples who were never formally married.\u00a0 However, in a recent case, a [&hellip;]<\/p>\n","protected":false},"author":13,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[95,4],"tags":[],"class_list":["post-1102","post","type-post","status-publish","format-standard","hentry","category-common-law-marriage","category-divorce"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v25.7 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Texas Common Law Marriage after Divorce &#8212; Texas Divorce Attorney Blog &#8212; September 7, 2018<\/title>\n<meta name=\"description\" content=\"Texas recognizes common law marriages. To have a common law marriage, the parties must have agreed to be married, must have lived together as spouses &#8212; September 7, 2018\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-common-law-marriage-after-divorce\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Texas Common Law Marriage after Divorce &#8212; Texas Divorce Attorney Blog &#8212; September 7, 2018\" \/>\n<meta name=\"twitter:description\" content=\"Texas recognizes common law marriages. To have a common law marriage, the parties must have agreed to be married, must have lived together as spouses &#8212; September 7, 2018\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Francesca Blackard\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"5 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Texas Common Law Marriage after Divorce &#8212; Texas Divorce Attorney Blog &#8212; September 7, 2018","description":"Texas recognizes common law marriages. To have a common law marriage, the parties must have agreed to be married, must have lived together as spouses &#8212; September 7, 2018","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-common-law-marriage-after-divorce\/","twitter_card":"summary_large_image","twitter_title":"Texas Common Law Marriage after Divorce &#8212; Texas Divorce Attorney Blog &#8212; September 7, 2018","twitter_description":"Texas recognizes common law marriages. To have a common law marriage, the parties must have agreed to be married, must have lived together as spouses &#8212; September 7, 2018","twitter_misc":{"Written by":"Francesca Blackard","Est. reading time":"5 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-common-law-marriage-after-divorce\/","url":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-common-law-marriage-after-divorce\/","name":"Texas Common Law Marriage after Divorce &#8212; Texas Divorce Attorney Blog &#8212; September 7, 2018","isPartOf":{"@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/#website"},"datePublished":"2018-09-07T23:53:15+00:00","author":{"@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/#\/schema\/person\/99f9f1e83401bfe81629c93e6c6c0cc2"},"description":"Texas recognizes common law marriages. To have a common law marriage, the parties must have agreed to be married, must have lived together as spouses &#8212; September 7, 2018","breadcrumb":{"@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-common-law-marriage-after-divorce\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.mcclure-lawgroup.com\/blog\/texas-common-law-marriage-after-divorce\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-common-law-marriage-after-divorce\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.mcclure-lawgroup.com\/blog\/"},{"@type":"ListItem","position":2,"name":"Texas Common Law Marriage after Divorce"}]},{"@type":"WebSite","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/#website","url":"https:\/\/www.mcclure-lawgroup.com\/blog\/","name":"Texas Divorce Attorney Blog","description":"Published by Texas Collaborative &amp; Family Attorney \u2014 McClure Law Group","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.mcclure-lawgroup.com\/blog\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/#\/schema\/person\/99f9f1e83401bfe81629c93e6c6c0cc2","name":"Francesca Blackard","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/#\/schema\/person\/image\/","url":"https:\/\/secure.gravatar.com\/avatar\/e7d6bd0746d1242f148b58f0c2370bd74ae47909972ca07543b91263b77fc637?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/e7d6bd0746d1242f148b58f0c2370bd74ae47909972ca07543b91263b77fc637?s=96&d=mm&r=g","caption":"Francesca Blackard"},"sameAs":["https:\/\/www.mcclure-lawgroup.com\/francesca-blackard.html"],"url":"https:\/\/www.mcclure-lawgroup.com\/blog\/author\/mcclurelaw4\/"}]}},"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/www.mcclure-lawgroup.com\/blog\/wp-json\/wp\/v2\/posts\/1102","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.mcclure-lawgroup.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.mcclure-lawgroup.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.mcclure-lawgroup.com\/blog\/wp-json\/wp\/v2\/users\/13"}],"replies":[{"embeddable":true,"href":"https:\/\/www.mcclure-lawgroup.com\/blog\/wp-json\/wp\/v2\/comments?post=1102"}],"version-history":[{"count":0,"href":"https:\/\/www.mcclure-lawgroup.com\/blog\/wp-json\/wp\/v2\/posts\/1102\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.mcclure-lawgroup.com\/blog\/wp-json\/wp\/v2\/media?parent=1102"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.mcclure-lawgroup.com\/blog\/wp-json\/wp\/v2\/categories?post=1102"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.mcclure-lawgroup.com\/blog\/wp-json\/wp\/v2\/tags?post=1102"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}