Katy, Texas Common Law Marriage Divorces Lawyers
COMMON LAW MARRIAGE DIVORCESNick Davis Law, covering Fort Bend, Montgomery, Harris, Grimes, Waller, Walker, Brazos, and Washington and Surrounding Counties, has experienced Common Law Marriage Divorce Lawyers that can assist you in preparing your case to either establish or refute the existence of a Texas Common Law Marriage.
Serving Fort Bend, Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties
Common Law Marriage Divorce Lawyers in Katy, TX, Fort Bend County.
The majority of people in the United States refer to an informal marriage as a “Common Law Marriage,” and Texas is one of the states that continues to acknowledge the legality of such unions. Despite the fact that the majority of people are aware that common law weddings may take place in the state of Texas, many individuals have a misunderstanding of the requirements necessary to get into one. In order to proceed with a common law divorce in the state of Texas, it is necessary to claim in the paperwork for the divorce that the parties were previously married under common law. This is a crucial point to keep in mind. Additionally, it is necessary to be prepared with significant facts and evidence in order to clearly prove to the court that the parties did in fact enter into a common law marriage. If this is not the case, the court may decline to find that an informal marriage exists, and as a result, they may refuse to grant your request for a divorce. If one of the parties had anticipated to get a percentage of the other party’s retirement benefits, real property holdings, or other assets, in addition to being eligible to collect spousal maintenance, this might be highly difficult for that party.
Our Divorce Lawyers in Katy, Texas are experienced in both establishing common common law marriages as well as defending against allegations of common law marriages. Nick Davis Law is located in Fort Bend County, Texas.
Our seasoned Common Law Marriage Divorce Lawyers will conduct an investigation into the events that led up to the formation of your common law marriage, conduct an investigation into the facts and witnesses that are available to prove or disprove the satisfaction of all of the informal marriage requirements in Texas, and finally prepare a strategy to either pursue or defend against the common law marriage divorce proceeding.
Nick Davis Law, servicing Fort Bend, Montgomery, Harris, Grimes, Waller, Walker, Brazos, and Washington and Surrounding Counties in Texas, has experienced Common Law Marriage Katy, Texas Divorce Lawyers that are able to assist clients in pursuing or defending against any Common Law Marriage Divorce in the state.
Nick Davis Law gives all potential customers seeking a divorce based on a common law marriage access to a free consultation over the phone or via a virtual conference, in addition to flexible payment options.
Contact our office at (281) 528-2400.
What are the Requirements of a Common Law Marriage in Texas?
In order to fulfill the Statutory Requirements for a “Informal Marriage,” as outlined in the Texas Family Code, there are three components that must be accomplished:
The Only Way to Legally End A “Common Law Marriage” Is To Go Through the Process of Getting a Divorce.
Many people believe that if their “Common Law Marriage” does not work out, they may just as simply “leave” the marriage and avoid the formalities of a Texas divorce because “Common Law Marriages” are so simple to get into. However, this is not the case. Sadly, nothing could be farther from the truth than this assertion. There is only one method to get out of a common law marriage, and that is through the process of getting a divorce, exactly as if you had been ceremonially married in the state of Texas.
If you would like more information regarding your eligibility to file for or defend against a “Common Law Marriage” Divorce in Fort Bend, Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington, and Surrounding Counties, please do not hesitate to get in touch with our knowledgeable Katy, Texas Common Law Marriage Divorce Lawyers. Our attorneys will work with you to devise a plan to safeguard your parental rights.
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We Can Help with Your Texas Common Law Marriage Divorce
Establishing The Existence of a Common Law Marriage
In order for a Texas Family Law Court to be able to issue a divorce and make decisions on the division of assets and liabilities as well as the payment or nonpayment of spousal support, the court must first assess whether or not a “Common Law Marriage” existed between the parties. Inability to properly demonstrate the existence of a “Common Law Marriage” might render a future spouse unable to acquire a fair split of assets and support in the event of a divorce or legal separation. Our “Common Law Marriage” Divorce Lawyers in Katy, Texas are able to assist you in preparing your case for a favorable outcome, as well as fight to establish the existence of your common law marriage and pursue your claims on the community estate. They can also assist you in preparing your case for a successful outcome.
Disproving a Common Law Marriage
If you are contesting the existence of a “Common Law Marriage,” it is imperative that you choose the right Family Law Attorney to diligently prepare your case and aggressively contest the existence of a “Common Law Marriage.” This will allow you to avoid the repercussions of a Texas Divorce proceeding. If you are contesting the existence of a “Common Law Marriage,” it is imperative that you select the right Family Law Attorney. In the event that you are unable to effectively refute a party’s claim of a “Common Law Marriage,” your assets may be divided, and you may be required to continue providing financial support for your spouse for a considerable amount of time after the divorce has been finalized. The “Common Law Marriage” Divorce Lawyers at Nick Davis Law in Katy, Texas will do their best to deny the existence of a common law marriage in Fort Bend County in order to assist you in preserving your assets and ensuring your financial stability.
Divorce & Child Custody Representation
Our Experienced Fort Bend County Texas Divorce Lawyers will fight to obtain a Just and Right Division of the Marital Estate as well as Child Custody and Child Support orders once it has been proven by the court that a “Common Law Marriage” exists. Nick Davis Law, serving Fort Bend, Montgomery, and the surrounding Texas counties, has experienced and strategic divorce, child custody, and child support attorneys who will fight to defend your rights and claims to your Community Estate, Separate Property, and children. Nick Davis Law also provides child support services. Get in touch with our staff at our Katy, Texas location to find out how we may be of assistance to you.
Reviews
What Clients Say
Our number one priority is to look out for the best interests of our customers. The “Common Law Marriage” Divorce Lawyers at Nick Davis Law in Katy, Texas are proud of their reputation and record for assisting parties in Texas Divorce proceedings in either pursuing or defending against the existence of a “Common Law Marriage.” Nick Davis Law is located in Katy. We are prepared to assist you in achieving your goals. Get in touch with us to get a free examination of your case and find out what we can do to help your situation.
Highly recommend - Jerri Y
Mr. Davis was very helpful and responsive in my divorce case. He made it a simple process and I highly recommend him!
Highly recommend - Jerri Y
Mr. Davis was very helpful and responsive in my divorce case. He made it a simple process and I highly recommend him!
An Excellent Attorney - Michael
Nick assisted me with my long drawn out divorce. He is extremely knowledgeable and was responsive to any question or request I had during the process. I felt his fees are fair, and he gave me advice on how to keep the proceeding as painless as possible. My ex-wife’s attorney seemed happy to keep things as contentious as possible, and draw out things. I highly recommend Nick to anyone needing the help of a divorce attorney.
An Excellent Attorney - Michael
Nick assisted me with my long drawn out divorce. He is extremely knowledgeable and was responsive to any question or request I had during the process. I felt his fees are fair, and he gave me advice on how to keep the proceeding as painless as possible. My ex-wife’s attorney seemed happy to keep things as contentious as possible, and draw out things. I highly recommend Nick to anyone needing the help of a divorce attorney.
Honest, Trustworthy Attorney - Veronica
Nick is a very professional and knowledgeable attorney that I trust and highly recommend. He handled my divorce case in a very equitable manner. He also took the time to explain the legal processes and how best to guard my own assets. I’m very grateful for a job well done!
Honest, Trustworthy Attorney - Veronica
Nick is a very professional and knowledgeable attorney that I trust and highly recommend. He handled my divorce case in a very equitable manner. He also took the time to explain the legal processes and how best to guard my own assets. I’m very grateful for a job well done!
Super Lawyer, Best of the Best - Joe C
Mr. Davis has handled my divorce and other legal matters,and is now handling my out of state child custody, he is the best in Texas.
Super Lawyer, Best of the Best - Joe C
Mr. Davis has handled my divorce and other legal matters,and is now handling my out of state child custody, he is the best in Texas.
Client focused attorney
Nick Davis provided excellent advice during my family law case. I was particularly impressed with the way he would recommend alternative courses of action based on my former spouse’s responses.
FAQ
Grounds for Modifying Custody Orders
Agreement to Be MArried
For a divorce to be considered based on “common law marriage,” the court needs to determine that the parties voluntarily entered into an agreement to be married. In order to do this, it is necessary to demonstrate that the parties intended to establish a marital connection that was present, immediate, and permanent. It is not sufficient to simply assert that there was an understanding to wed at some point in the foreseeable future. Both parties have to unequivocally acknowledge that they want to be married right now. Proving the presence of an agreement requires a significant amount of factual evidence, and it will need an experienced “common law marriage” divorce lawyer to either argue for the existence of the agreement or to show that it does not exist. It is not necessary for the agreement to be put in writing; rather, it can be inferred from circumstantial evidence, such as the pair living together, secretly exchanging rings, simply referring to one another as “spouses,” or other people referring to the couple as “married.”
Living Together
Although this may be the factor that can be demonstrated with the least amount of effort, it is important to note that it entails more than simply sharing the same roof. Cohabitation is a must for something to be considered acceptable. This entails acting in ways that are traditionally associated with married couples, such as sharing a home, raising children, and raising a household. There are no well-defined requirements for cohabitation, nor is there a predetermined amount of time that must pass. Establishing that the couple lived together as spouses generally do is exceedingly fact demanding and may involve the admission of a range of different types of evidence in order to satisfy the court. This is similar to the situation with every other aspect of “Common Law Marriages.”
Holding each other out as a Spouse
The resolution of the majority of cases involving “Common Law Marriage Divorce” hinges on determining whether or not the couple held themselves out or represented to others as being married. A “common law marriage” cannot be kept a secret or divulged to only a small group of very close friends; nonetheless, this information should not be shared with the general public.
An expert “Common Law Marriage” Divorce Lawyer would hunt for evidence within the community to establish that the pair indicated they were spouses in order to demonstrate that the couple “held themselves forth” as being married as part of the marriage argument.
In addition, evidence such as federal tax returns, insurance benefits, wills and trusts, property records, church records, medical records, credit and loan applications, banking documents, and other evidence of a similar nature are extremely valuable when it comes to establishing the existence of a “common law marriage.”
In a similar vein, the absence of certain documents, particularly fundamental things like federal tax returns and insurance paperwork, can be exceedingly harmful to the “Common Law Marriage” case.
If you are going through a “Common Law Marriage” divorce in Fort Bend, Montgomery, Grimes, Waller, Walker, Washington, Brazos, Harris, or any of the surrounding counties, you should get in touch with our experienced “Common Law Marriage” Divorce Lawyers in Katy, Texas.
We Can Help
Payment Plans & Free Consult
Get in touch with us so that we can set up a time for a free evaluation of your case with seasoned “Common Law Marriage” Divorce Lawyers in Katy, Texas. We make it a practice to provide after-hours and weekend phone consultations for our clients, which frees them from the obligation of traveling to their Family Lawyer or taking time off from work.
Our “Common Law Marriage Divorce” Lawyers servicing Fort Bend, Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington, and Surrounding Counties are likewise aware of how costly litigation may be. These counties include Fort Bend, Montgomery, and Harris.
When it comes to your children, you shouldn’t be forced to make concessions in terms of the kind of legal representation they receive.
We are committed to ensuring that superior legal representation in family law cases is accessible to everybody, which is why we provide payment plans to assist our clients financially during these trying times.
Get in touch with us if you have questions.
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Nick Davis Law
2700 Research Forest Dr., #124
The Woodlands, Texas 77381
(936) 262-7474
The Woodlands, Texas
2700 Research Forest Dr., #124
The Woodlands, Texas 77381
(936) 262-7474
Bryan | College Station, Texas
Nick Davis Law
6750 Victoria Avenue, Suite 6
College Station, TX 77845
(979) 417-2220
Business Hours
Mon – Fri 8:00 am to 6:00 pm
Our Mission
The Trusted Family, Divorce, Bankruptcy, CPS, and Child Support Collection Lawyers at Nick Davis Law are dedicated to providing the best and most efficient representation possible to our clients to achieve their goals quickly and cost effectively. The Family | Divorce | Bankruptcy | CPS | Child Support Collection Lawyers at Nick Davis Law maintain offices in The Woodlands, Texas and Bryan | College Station and serve all of Montgomery County, Brazos County, Walker County, Waller County, Grimes County, Washington County, Burleson County, San Jacinto County, Liberty County, Harris County, and surrounding counties.