Frequently Asked Questions
If you have questions about how the law works or what to expect during times of uncertainty, please browse through our Frequently Asked Question. We compiled these from our experience with clients like you who bring to our attention the need to know how legal proceedings can work.
DO I NEED A DIVORCE?
In Texas, you need a divorce if you are married – either formally (traditional wedding or ceremony) or informally (“common law”).
If you were formally married and don’t want to be married you need a divorce to separate your property and other details of your lives.
How do you know if you are informally married? You have to ask yourself a few questions listed below or talk with one of our lawyers about the questions if the answers are complicated.
WHAT IS A COMMON LAW MARRIAGE?
Informal Marriage or Common Law Marriage: If a couple has agreed to be married and have lived together in Texas as husband and wife, and have represented themselves to others that they are married, they may be considered to have an informal marriage (informally known as common law marriage). Another way to establish an informal marriage is by completing and filing a Declaration & Registration of Informal Marriage with the county clerk’s office. This declaration and registration is simply a method of establishing an informal or “common law” marriage – but not the only thing to think about.
IS ‘LEGAL SEPARATION’ AN OPTION?
The State of Texas does not recognize a ‘Legal Separation’. If you are thinking about separation instead of divorce you should talk with one of our lawyers to find some other options to protect yourself, your children and your property rights.
Contact the O’Connell Law Firm to discuss your need to have a pre-marital agreement prepared on your behalf, or if you are in need of advice and/or representation if you have been asked to execute a premarital agreement. Jill O’Connell has the knowledge and experience to assist you with the preparation of this instrument or representing you in order to protect your property, interests and/or rights.