Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I need to file for a common law divorce Me and my husband…

Customer Question
I need to file for...
I need to file for a common law divorce Me and my husband have been together for 8 years we are not legally married but we have been on a lease and lived in the same home and shared the same bills and the same accounts for the past 8 years Do I have rights to file for the common law marriage
Submitted: 5 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 minutes by:
3/12/2018
Family Lawyer: RobertJDFL, Lawyer replied 5 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,315
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Ask Your Own Family Law Question
Customer reply replied 5 months ago
I will file the divorce on grounds of adultery
Family Lawyer: RobertJDFL, Lawyer replied 5 months ago

Good evening,

Under Texas law, to have a common law marriage, you must do three things:

(1) Agree to be married
(2) Live together as husband and wife, and
(3) Told others (hold yourselves out) that you are married.

Holding yourself out to be married means doing things like telling others you are married, or doing something that makes people think you're married, like signing a joint lease as a married couple.

If you meet those three criteria above, then you can file for a divorce, the same way as if you had a ceremonial marriage and had received a marriage license.

Ask Your Own Family Law Question
Family Lawyer: RobertJDFL, Lawyer replied 5 months ago

Please let me know if I may provide you with any follow-up information or may clarify my answer for you in any way. Otherwise, please remember to take a moment to leave a positive rating for my by clicking on the stars at the top of the page. Doing so costs you nothing extra, but it is the only way experts like myself are credited by the website. You can always reply back (at no additional cost) after rating should you need additional assistance. Thank you.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,315
15,315 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

15,315 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My mom has lived with her friend as husband and wife for
My mom has lived with her friend as husband and wife for over 10 years. He has passed away. Is she elligible for any funds, monthly, stipend, anything under common law, palimony or other? … read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
What's the law state for establishing a common law marriage
What's the law state for establishing a common law marriage in colorado … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My daughter & her fiancé filed a joint tax return together
My daughter & her fiancé filed a joint tax return together in Texas. They don't have children together but he has one child and she has two, all three were taken as dependents on the return. They live… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in Utah. Have been in a relationship with the father
I live in Utah. Have been in a relationship with the father of my 2 boys for 20 years. Can not seem to get a straight answer on common law marriage. A, are we in any way common law married and B, does… read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
If taxes was filed 7 years ago jointly but the relationship
If taxes was filed 7 years ago jointly but the relationship ended shortly after that same year do I need a divorce before I marry my fiancé? This past relationship that ended 7 years ago involves our … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
My boyfriend and i are no longer together and i have been
My boyfriend and i are no longer together and i have been told i have to file for a divorce. Is this true? We have a one year old daughter together and have live in the same household for a year and f… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am a resident of Texas. I was with a woman from 2007 through
I am a resident of Texas. I was with a woman from 2007 through 2013. in 2010, we had a ceremony at her home (where I was residing) and invited family to attend. We declared our selves as being married… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My boyfriend's ex wife is going to move in with him to his
My boyfriend's ex wife is going to move in with him to his house. He own this property 100%. Currently they are selling our common property 50/50 ownership to save money as He retires. This is a reaso… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,947 satisfied customers
If you were married and then divorced and continued to live
If you were married and then divorced and continued to live with you former spouse? Does the time living under common law marriage count towards the 10 requirement to be eligible to get spousal social… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Hi, I have a question about a recent seperation from my
Hi, I have a question about a recent seperation from my girlfriend of 12 years. I Live in Kansas, which recognizes common law marriage. We have lived together for 11 of the 12 years, 7 of which we ren… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My brother has lived in Texas with a woman for 15 years. She
My brother has lived in Texas with a woman for 15 years. She wears a wedding ring, calls Him her husband, and they have car insurance together, listed as "married" for the discount. They are breaking … read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,438 satisfied customers
I need to know if I am common law married and what needs to
I need to know if I am common law married and what needs to happen if we want to seperate. We have lived together for a year (in kansas), have 1 credit card together, have 2 checking accounts and 2 sa… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
15,315 satisfied customers
What is a common law wife rights when she decides to devorce.
What is a common law wife rights when she decides to devorce. We have not accumulated nothing together in the in and out 8 years we live. She have been a stress on my fianacial well being and unwillin… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
We live in Collin County, Texas. I am planning to file for divorce. Because of our childre
We live in Collin County, Texas. I am planning to file for divorce. Because of our children are still young, 8 and 11, and also because my husband's financial situation (he filed bankruptcy last year)… read more
Linda Roch
Linda Roch
Attorney
Doctoral Degree
529 satisfied customers
I was married for 5 yrs to the same man, the divorced for one
I was married for 5 yrs to the same man, the divorced for one yr and lived common law for 8 years and I am being told that one or the other parties should have filed a anulment of actually filed for a… read more
Cowgirl Lawyer
Cowgirl Lawyer
Attorney at Law
Juris Doctorate
1,266 satisfied customers
I live inTexas. My partner and I have been together for 3 years
I live inTexas. My partner and I have been together for 3 years and out of the three years we lived together 2 1/4 years. We did everything together, as partners in life we portrayed our relationship … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
i have lived with a man for 15 years be bought property ...
i have lived with a man for 15 years be bought property together under his name and mine 50/50 it is in both our names we had a joint checking acct for the house and bills but did keep our seperate ac… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers
My fiance passed away two days ago. By all rights we were ...
My fiance passed away two days ago. By all rights we were common law married. He had health issues so I did not work so I could help him. He and his family disowned each other. We have been together f… read more
Walter
Walter
Just Answer Consultant
6,024 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x