What is a common law divorce?

A common law divorce is a form of divorce that occurs in Texas, where a couple is still legally married but no longer living together. This type of divorce is also referred to as an informal or non-judicial divorce. It occurs when a couple chooses to cease cohabitating and live apart, without filing for an official divorce through a court. It is important to note that while they are no longer considered married, the couple does not have their marriage legally ended. Common law divorces are often seen in Texas due to the fact that Texas does not recognize common law marriages. This means that, in order to be married legally, a couple must have acquired a marriage license and taken part in a legal marriage ceremony. Without the marriage being legally recognized, the couple is unable to file for a traditional divorce. This type of divorce is often more appealing to couples who do not want the difficulty and formality of filing for a divorce through the court. The main disadvantage of a common law divorce is that, because the marriage is still technically valid, it can cause issues such as the division of property, child support, and alimony. These issues are typically handled through the courts in a traditional divorce, but must be addressed by the couple in a common law divorce.

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What is a common law divorce?

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