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Same-Sex Common Law Marriage and Divorce

Posted on October 18, 2023 in Divorce

Parker County divorce lawyerSame-sex marriage has been legal for almost a decade now in Texas. Sometimes, same-sex couples can cohabitate for so long that they may already consider themselves married without the glitz and glam of a wedding ceremony. In this case, Texas also recognizes common law marriage and divorce for same-sex couples. However, there are a few requirements that must be met for the state to recognize their common law marriage. A knowledgeable attorney can help cut through the legal complexities of how to go about getting your union recognized as a legally binding marriage.

What Are the Requirements for a Texas Common Law Marriage?

Consideration for a common law marriage requires both parties to have a signed declaration of marriage or:

  • They must both have agreed to be married
  • Lived together as a married couple in Texas since the agreement took place
  • They showed themselves to be married in the eyes of the state

Both individuals must be legally single, 18 years of age, and not be related to one another by blood. A marriage cannot take place if either party does not meet the above requirements.


TX divorce lawyersWhen divorce happens, there are several moving parts that many people are not aware of. A key component of some divorce proceedings is alimony or spousal support. Spousal support ensures financial stability for the lower-earning or non-earning spouse. The amount and length of the spousal support varies based on several factors. Anyone going through a divorce should understand the basics of spousal support.

What Are Two of the Most Common Types of Alimony?

Since divorce is unique and specific to every case or situation, the same goes for spousal support. Each type caters to specific financial needs and circumstances.

Temporary spousal support is alimony paid throughout the divorce proceedings to the spouse who earns less. This alimony allows the less-earning spouse to live comfortably and within the same lifestyle, they had while married.


Palo Pinto Family Law AttorneyCommingled property is a complicated concept that can be difficult to understand, especially regarding real estate. In Texas, commingled property is a type of marital property subject to division in divorce proceedings. If you are getting divorced in Texas, it is essential to understand what commingled property is and how it affects your divorce case. Remember, it is best to hire an attorney at the outset of divorce proceedings to ensure you are well-informed of your legal options at this time.

Commingled Property 101

Commingled property is money or other assets combined with marital property, such as joint bank accounts or the family home. For example, if one spouse inherits money during the marriage and deposits it into a joint bank account, the money becomes commingled property. Commingled property can also arise when one spouse uses separate property funds to improve or repair the marital home.

In Texas, the court uses a tracing method to determine how much-commingled property is separate and how much is marital property. This can be a complex process that requires careful analysis of bank statements, financial records, and other documents. The court will typically look at how the assets were obtained and when they were acquired. 


Palo Pinto Divorce LawyerCommunity property is a legal concept that exists in a number of states throughout the United States, including Texas. In the context of a Texas divorce, community property refers to all property and assets that were acquired by a married couple during the course of their marriage, with a couple of exceptions. Community property can include income, real estate, investments, and other assets. Today, we are going to discuss everything you need to know about community property. Remember to hire an experienced divorce attorney to ensure you fully understand community property in Texas and what it entails. 

What Does Texas Law Say About Community Property? 

Under Texas law, both spouses own community property equally, regardless of who earned the income or whose name is on the title. This means that in a divorce, community property is generally divided equally between the spouses unless there is a prenuptial or postnuptial agreement that specifies a different arrangement.

Some examples of community property in Texas include the following:


Parker County Divorce LawyerDivorce mediation is a very popular alternative to traditional litigation, as it can save exorbitant amounts of money and emotional stress. However, mediation is only sometimes successful. Understanding the common causes of failure is essential to increase your chances of a positive outcome. Today, we will discuss the common causes of why mediation can go wrong and what can be done to salvage the situation if things do not go according to plan. Remember, a family law attorney can be instrumental in helping to ensure the mediation process is as smooth as possible.

What Causes Mediation to Go Wrong, and What Are Some Solutions? 

One of the critical reasons divorce mediation can fail is the need for preparation by one or both parties. To achieve a successful mediation, both spouses should come prepared with a clear understanding of their financial situation, assets, debts, and other relevant information. Failure to adequately prepare can lead to delays, disagreements, and, ultimately, a breakdown in the mediation process. To help ensure this does not happen, before starting mediation, ensure that you gather all necessary documentation and work with your attorney to develop a comprehensive understanding of the issues to be discussed.

The second cause for mediation to go wrong can stem from an unwillingness to compromise. Mediation is built on the foundation of compromise and finding mutually acceptable solutions. The mediation process will likely fail if one or both spouses are unwilling to compromise or have unrealistic expectations. To ensure this is not a problem, it is essential to approach mediation with an open mind and a willingness to find solutions that work for both parties. Understand that you may not get everything you want, but working together to find a fair agreement is crucial for success. 

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