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Marriage is simple divorce never is. This may sound trite but is in fact fairly true. Traditionally marriage has been performed in a church (synagogue/temple) by a licensed marriage officer. Failing that marriage may take place in a court room or a garden or anywhere that the couple wishes with or without a ceremony but always with the presence of a licensed marriage officer. The Marriage license is the key. It now recognizes that 2 individuals are now a formal entity and confers certain rights and duties to each other and to society as well as the state, United States as well as everywhere else in the world the couple happen to be. In modern times the laws surrounding marriage have been complicated by the implementation of pre-nuptial agreements which, if carefully prepared define and protect both partners' rights duties and possessions. Attorneys conversant in family law and with experience in prenuptial agreements should be appointed to draw up the agreement. Their interest is to ensure that they achieve what is fair and best for their clients. The dissolution of that contract of marriage requires legal steps which can be fairly straightforward of become terribly complex and acrimonious. Again divorce attorneys specialize in these matters and their skill and expertise ensures that the rights of their clients are safeguarded. But what about common law "marriages"? The state of Texas recognizes that many couples co-habit and act as if they are married without going through the legal formalities of getting a marriage license. The requirements for recognition of these as informal marriages is that the couple live together in Texas and represent to themselves and to others that they are married. It is a voluntary arrangement with no time limit involved. Inevitably in such relationships things get involved over time. Each will contribute to the common household, children might be born and they may acquire property and incur debts as any other married couple does. a Texas Family Lawyer will help and advise on these matters If this informal or common law marriage breaks up for any reason they do not have to go to court to dissolve the union. But a common law marriage doesn't just end there. There are certain obligations and formalities that have to be dealt with. If children were born to the couple during the cohabitation the male will be presumed to be the father and will therefore have duties as well as rights. Child support will be expected, and will therefore be awarded as per normal Texas family law. 20% of net value of the father for the 1 child up to 40% for 5 or more children born during the liaison is the prevalent rate. He will have parenting duties and visitation rights. Property division is another area that will need winding up. Each partner will have property that they owned prior to cohabitation and there will be some that they have co-ownership of having acquired it as partners. The division of this property is best done by mutual agreement. If this is not possible then family law firm to represent the parties should be appointed thus ensuring that their client gets a fair and equitable settlement. Dallas Divorce Attorneys are available to help and represent clients in this sort of case.
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Dallas Divorce Attorney
