Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

An Informal-Marriage Divorce in Texas

ATTORNEYS IN DALLAS

Handling Divorce in Informal or Common-Law Marriages.

An Informal-Marriage Divorce

Usually, couples who are married have obtained a marriage license and exchanged vows before an authorized person to officiate a wedding ceremony. However, some couples who consider themselves married have not completed the formalities of a ceremonial marriage. Some states, including Texas, recognize such couples as married. Like any other married couple, a common-law marriage couple can also decide to separate, but simply not having a formal wedding does not allow them to end their relationship informally by walking away from each other without obtaining a formal divorce. Instead, they must get an informal-marriage divorce.

What is an Informal-Marriage

Texas law recognizes both formal and informal, also known as common-law marriages, with few legal distinctions between them. However, when filing for an informal-marriage divorce, individuals may face difficulties in proving the existence of the marriage, particularly if their supposed spouse denies it. To establish an informal marriage, the Texas Family Code mandates proof of an agreement to marry, cohabitation in Texas as husband and wife after the agreement, and representation to others in Texas that they are married. Alternatively, couples in an informal marriage may sign a declaration of informal marriage. It is essential to note that informal marriages can only be entered into by individuals who are eighteen or older and not presently married to anyone else.

The Process of an Informal-Marriage Divorce

If a party wishes to pursue an informal-marriage divorce but did not sign a declaration of informal marriage, they must do so before the second anniversary of their separation from their common-law spouse. After this time, there is a rebuttable presumption that the parties did not agree to be married. Once the existence of an informal marriage is established, the process of obtaining a dissolution is generally the same as in a formal marriage. This includes seeking a no-fault or fault-based divorce and requesting a just and right division of marital property, spousal support, and child support.

Dividing marital property, also known as "community property" in Texas, in an informal-divorce action can be complex. According to Texas law, any property obtained during a marriage is considered community property unless proven otherwise, meaning that it belongs to both parties and is subject to a just and right division by the courts. However, determining when the informal marriage began and what constitutes community property can be difficult since there is no clearly defined start date. Evidence such as jointly owned property, shared bank accounts, and documentation of when the parties began referring to themselves as married can help establish when the informal marriage began and when community property started to accumulate.

Speak with an Experienced Divorce Attorney

Going through a divorce, whether formal or informal, can have a significant emotional and financial toll. The attorneys at Wilson Whitaker Rynell can provide expert guidance and help you achieve favorable outcomes in dissolution matters. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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