The two most widely held misconceptions in Texas regarding family law concern the effect of a separation and the requirements for a common law marriage. In virtually all situations, Texas does not recognize any form of legal separation and the two people remain married until their divorce is finalized by a Court. The fact that you no longer live with your spouse or that you have run a newspaper announcement indicating that you will not be responsible for your spouse's debts incurred after a certain date are generally insufficient to create a legal separation.

Another popular myth involves the length of time a couple must live together before they are considered married by "common law." In reality, Texas does not require any set period of time. It is only required that the parties cohabitate, that they hold themselves out as husband and wife, and that they have a present intention to be married. Quite often the fact that the parties lived together and/or filed joint tax returns or the female used the male's last name are held to be sufficient to evidence a present intention to be married.

To file for a divorce, Texas law does require that at least one party reside in Texas for six months and live in the county in which the divorce is filed for ninety days before the divorce is filed.

If you are involved in a domestic situation which may result in divorce it is important that you know how the law affects you. It is unwise to rely on the advice of friends or co-workers who believe they have all the answers. Contact Mike Hrabal for a consultation regarding your legal situation.