There are two ways people can form a common law marriage in Texas:

1. they sign a Declaration of Marriage under section 2.402 of the Family Code (this is fairly rare); or
2. the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and represented to others that they were married.

If you are married pursuant to common law and no longer wish to be married to your common law spouse, you will need a divorce. If a divorce from a common law marriage is not brought within two years after the parties separate, then there is a rebuttable presumption that there was no common law marriage. Note that the presumption is rebuttable, which effectively creates an informal but not an absolute statute of limitations for common law marriages.

Ending a Common-Law Marriage

Even though some states recognize common-law marriage, there is no common-law divorce those states. If a couple married at common-law wishes to terminate their marriage, they must do more than stop living as husband and wife to consider the marriage over. The marriage may not end the same way it was created, instead, there must be a formal procedure and legal process. In most states, the termination of a legal “ceremonial” marriage and a common-law marriage are the same. Parties must file a complaint with the court to terminate their marriage; forms may be for divorce, dissolution of marriage or annulment depending on the state law and the situation. The specific requirements vary by jurisdiction and are contained in state statute. The divorce complaint may also include provisions for distribution of property or assets, spousal maintenance or alimony and custody. It is important to speak to an attorney in your jurisdiction to learn more about the laws regarding common-law marriage and termination of common-law marriage in your state.