If you have been separated more than two years, then you do not need a divorce. Once you have been separated two years, the law presumes you were not common law married. If you have property to divide, you may want to get divorced so the divorce court can divide the property.

Facing divorce, custody or modification and wondering if you need a lawyer? Find out with our free "Texas Divorce and Family Law Guide". Call 512-472-7799 for your copy or to set a consultation. Answers to frequently asked questions to help you with your family law case.

 


Q: If I am common law married, do I need to get divorced?

A: If you have been separated more than two years, then you do not need a divorce. Once you have been separated two years, the law presumes you were not common law married. If you have property to divide, you may want to get divorced so the divorce court can divide the property.


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