Dallas Common-Law Marriage Attorney
Texas recognizes "informal" marriage (common-law marriage) under Tex. Fam. Code §2.401. To establish an informal marriage a couple must prove (a) an agreement to be married, (b) cohabitation in Texas as spouses after the agreement, and (c) representation to others in Texas that they were married. Once established, an informal marriage is a full marriage — including community property and the right to divorce. Garcia-Windsor, P.C. handles proof and dissolution of informal marriages in Dallas County.
What Texas Law Actually Requires
Tex. Fam. Code §2.401 provides two paths to establish an informal marriage: (1) a Declaration of Informal Marriage recorded with the county clerk, or (2) proof of all three elements — an agreement to be married, cohabitation as spouses in Texas, and representation to others in Texas that the couple was married. All three must exist together for the informal marriage to be valid.
There is no minimum time-together requirement in Texas — the stereotype that "seven years of living together makes a common-law marriage" is wrong. Two people who agree to be married, live together for a month, and hold themselves out as spouses can establish an informal marriage.
Conversely, cohabitation alone — even for decades — does NOT create an informal marriage. Without the agreement and the holding-out, roommates are just roommates in Texas.
Proving Common-Law Marriage in Court
The party asserting the informal marriage has the burden to prove all three elements by a preponderance of the evidence. Common evidence includes: joint tax returns filed as married, joint bank and credit accounts, real estate purchased jointly as spouses, insurance beneficiary designations naming the other as "spouse," social-media posts, wedding receptions, and testimony from friends and family about how the couple was introduced.
The Legislature has imposed a two-year statute of limitations under §2.401(b): if a proceeding to prove informal marriage is not commenced within two years after the parties separated and ceased living together, there is a rebuttable presumption that no agreement to marry existed. That's a significant strategic pressure point.
Once informal marriage is established (or conceded), the marriage is treated identically to a ceremonial marriage. Divorce, community property, spousal maintenance, and inheritance rights all apply.
Our Bilingual Approach at Garcia-Windsor, P.C.
At Garcia-Windsor, P.C., every informal (common-law) marriage case is led personally by founding attorney Isabela A. Garcia. Isabela is Board of Legal Specialization-eligible family law counsel, a Super Lawyers Rising Star for family law in Dallas, and one of the Top 50 Women Leaders in Texas. She serves as the exclusive consulting attorney for the Mexican Consulate General of Dallas through the PALE program (Programa de Asistencia Jurídica a Personas Mexicanas).
We are fully bilingual — English and Spanish — from the first phone call through the final decree. That matters when a spouse, child, or key document lives on the other side of the border. Our office is in the Bishop Arts District at 1015 N Bishop Ave, Dallas, TX 75208; consultations are free and we respond to every inquiry within one business day.
We represent clients across Dallas County, Tarrant County, Collin County, Denton County, Ellis County, Kaufman County, and Rockwall County and appear regularly in the 254th, 255th, 256th, 301st, 302nd, 303rd, 304th, and 305th Judicial District Courts of Dallas County, filed through the Dallas County District Clerk at the George Allen Sr. Courts Building, 600 Commerce Street, Dallas, TX 75202.
When It Matters — Practical Scenarios
**Separation.** A couple who lived together, held themselves out as married, and now separates: was there ever an informal marriage? If yes, the separating couple must divorce and divide community property. If no, each party keeps what is titled to them.
**Death.** A partner dies without a will. The surviving partner claims to be a common-law spouse. If proven, the surviving partner has intestate inheritance rights, homestead protection, and (if children survive) a life estate in community property.
**Immigration.** Common-law marriage can support a K-1/K-3 immigration petition or an I-130 spouse petition when documented properly. Our consulate work often intersects with immigration counsel on these files.
**Benefits.** Social Security, ERISA-covered spousal benefits, and Texas state pension survivor benefits generally recognize an informal marriage if proven under §2.401.
Dissolving an Informal Marriage
There is no "informal divorce." Once a Texas informal marriage exists, the only way to dissolve it is a formal court divorce — same process as a ceremonial marriage, same 60-day waiting period (§6.702), same community-property division under §7.001.
This surprises many clients. Two people who never had a wedding, never obtained a marriage license, and never filed a Declaration can still be legally married and must divorce to end the marriage.
A written partition agreement under §4.102 can be used mid-relationship to convert future income and property into separate property — a practical tool for informal-marriage couples who want to remain together with clearer property arrangements.
When to Call an Attorney
Call within two years of any separation from a partner you may have been informally married to — the §2.401(b) presumption is a hard deadline.
Call before you sign anything a former partner presents to you claiming either that you were married or that you weren't. Both directions have real legal consequences.
Consultations are free and confidential. Call 214-466-6699.
Frequently Asked Questions
How long do you have to live together to be common-law married in Texas?
There is no minimum time. What Texas requires (Tex. Fam. Code §2.401) is (1) an agreement to be married, (2) cohabitation as spouses in Texas, and (3) holding out as married. All three.
Does filing a joint tax return prove common-law marriage?
It is strong evidence of the "holding out" element but is not by itself sufficient. The party asserting the marriage must also prove the agreement and cohabitation.
How do we divorce a common-law marriage?
Same as any other Texas divorce — Original Petition for Divorce, 60-day waiting period, community-property division. There is no separate "informal divorce".
What is the two-year rule?
Under §2.401(b), if you don't file a proceeding to prove informal marriage within two years after separation, there is a rebuttable presumption that there was no agreement to marry.
Can a common-law marriage exist if one spouse was already married to someone else?
No. Under §2.401(d), an informal marriage cannot form while either party is married to a third person. Once the prior marriage ends, an informal marriage can begin (from that point forward).
Does moving in together create a common-law marriage?
No. Cohabitation alone — even for decades — does not create an informal marriage without the agreement and the holding-out.
Do same-sex couples qualify?
Yes. After Obergefell v. Hodges (2015), same-sex couples have the same informal-marriage rights as opposite-sex couples.
Should I file a Declaration of Informal Marriage?
It's optional but useful — a recorded Declaration under §2.402 is conclusive proof of marriage as of its date. If you and your partner intend to be married, a Declaration removes future ambiguity.
Ready to discuss your common law marriage case?
Call our Dallas office at 214-466-6699 or request a free consultation online.