Do I Need a Divorce If I Am Common Law Married in Texas?

Yes, you must get a legal divorce if you want to end a common-law marriage in Texas when property, children and assets are involved. A family court must divide marital property and decide child custody, visitation and support, as well as other divorce-related issues. In some cases, the parties in a common-law marriage simply go their separate ways without any involvement from the court. They just proceed as if the common law marriage never existed. This is fine as a practical matter, but problems often arise down the road.