austin common law marriage attorney

Introduction: Navigating Common Law Marriage in Austin

Hey readers,

Common Law Marriage (CLM) is a complex but important legal matter, especially in the vibrant city of Austin. This guide aims to provide you with comprehensive information on all things CLM in the heart of Texas. Whether you’re curious about establishing or dissolving a CLM, we’ve got you covered. So, let’s dive right into the fascinating world of Austin’s Common Law Marriage Attorneys!

Section 1: The Basics of Common Law Marriage in Austin

Sub-section 1.1: What is Common Law Marriage?

Common Law Marriage, sometimes referred to as "Informal Marriage," is a legal union recognized by the state of Texas without a formal ceremony or marriage license. It’s based on the mutual agreement and cohabitation of a couple who present themselves as a married couple to the world.

Sub-section 1.2: Establishing Common Law Marriage in Austin

Establishing a CLM in Austin requires the following elements:

Capacity to marry (no legal impediments)
Mutual agreement to be married
Continuous cohabitation as husband and wife for a period of time (varies by state)
Public representation of yourselves as a married couple

Section 2: Rights and Benefits of Common Law Marriage

Sub-section 2.1: Legal Recognition and Benefits

CLM provides similar legal rights and benefits as formal marriage, including:

Inheritance rights
Social Security and other government benefits
Medical decision-making authority
Spousal support in certain circumstances

Sub-section 2.2: Considerations and Caveats

While CLM offers many advantages, it’s essential to be aware of certain considerations:

Lack of formal documentation (marriage license)
Potential challenges in proving the existence of CLM
Difficulties in access to certain legal protections and remedies

Section 3: Dissolving Common Law Marriage

Sub-section 3.1: Legal Process for Dissolution

Dissolving a CLM in Austin requires a legal process similar to a formal divorce:

Filing a petition for dissolution with the court
Service of the petition on the other party
Division of property and assets
Determination of child custody and support (if applicable)

Sub-section 3.2: Common Law Marriage Dissolution Attorney

An Austin Common Law Marriage Attorney can guide you through the process, protect your rights, and ensure a fair and equitable settlement.

Section 4: Frequently Asked Questions (FAQs) about Austin Common Law Marriage

Question	Answer
How long do I need to live together to establish CLM in Austin?	There is no set timeframe, but courts typically consider long-term cohabitation as evidence of CLM.
Can I have a Common Law Marriage and a formal marriage at the same time?	No, CLM and formal marriage are mutually exclusive.
What happens to property acquired during a CLM?	Property acquired during a CLM is generally considered community property and subject to equitable distribution upon dissolution.

Section 5: Conclusion

Navigating Common Law Marriage in Austin can be a complex journey. If you’re considering establishing or dissolving a CLM, seeking guidance from an experienced Austin Common Law Marriage Attorney is crucial. They can provide invaluable advice, support, and representation throughout the process.

For further reading, we recommend checking out these additional articles:

FAQ about Austin Common Law Marriage Attorney

What is common law marriage?

In Texas, common law marriage is a legal union that is created when two people live together in a permanent relationship and agree to be married. It is not necessary to have a formal ceremony or to file paperwork with the government.

How do I prove I am in a common law marriage?

To prove you are in a common law marriage, you must show that you and your partner:

Live together in a permanent relationship
Agree to be married
Hold themselves out to the public as a married couple

What are the benefits of common law marriage?

Common law marriage provides many of the same benefits as traditional marriage, such as:

The right to file joint tax returns
The right to inherit from each other
The right to make medical decisions for each other
The right to receive Social Security benefits

What are the drawbacks of common law marriage?

There are some drawbacks to common law marriage, such as:

It can be difficult to prove that you are in a common law marriage
You may not be entitled to the same benefits as couples who are legally married
You may be held liable for your partner’s debts

How can I end a common law marriage?

You can end a common law marriage by:

Getting a divorce
Living apart for a period of time (the amount of time varies depending on the circumstances)
Having your marriage annulled

What if one of us is not a US citizen?

If one of you is not a US citizen, you may still be able to enter into a common law marriage. However, there are some additional requirements that you must meet.

What should I do if I am considering entering into a common law marriage?

If you are considering entering into a common law marriage, it is important to speak to an attorney. An attorney can help you understand the legal requirements and can help you draft a prenuptial agreement.

What are the costs of hiring a common law marriage attorney?

The cost of hiring a common law marriage attorney varies depending on the complexity of your case. However, you can expect to pay between $500 and $2,000 for an attorney’s fees.

Can I get a free consultation with a common law marriage attorney?

Many common law marriage attorneys offer free consultations. This is a good opportunity to meet with an attorney and discuss your case.

What should I look for in a common law marriage attorney?

When looking for a common law marriage attorney, you should look for someone who has experience handling these types of cases. You should also make sure that the attorney is someone you feel comfortable working with.

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