An informal or “common-law” marriage is a marriage between two people who agree to be married, live together in Texas as spouses, and hold themselves out to others in Texas as spouses, but who have not obtained a marriage license and participated in a marriage ceremony. Informal marriages have been recognized in Texas since 1847.… Read More
What Property is NOT Marital Community Property?
In Texas, marital property consists of all property that a spouse brings into a marriage or acquires during the marriage. Subject to some limited exceptions, all marital property in Texas can be characterized as “separate,” “community,” or “mixed.” Separate Property Separate property is property that does not owe its existence to the marriage; it is… Read More
Can Your 12-year-old Decide Which Parent to Live/Visit With?
Public policy in Texas is to: (1) assure that children have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; and (2) provide a safe, stable, and nonviolent environment for the child . . .” The Texas Family Code provides that “the best interest… Read More
Unemotional Reasons Couples Should Consider A Premarital Agreement
Premarital agreements (aka “prenup”) are used to define the rights and obligations of couples who are about to marry. Premarital agreements are rare for the majority of the population, primarily because couples believe that having one is anticipating a divorce. However, there are some very smart reasons all couples should at least consider putting an… Read More