Spousal Support In Texas Common Law Marriage

State:
Texas
Control #:
TX-01470BG
Format:
Word; 
Rich Text
Instant download

Description

Texas courts are statutorily empowered to enforce their orders by contempt. However, a divorce decree that awards a sum of money, payable in a lump sum or in future installments, is generally not enforceable by contempt, unless either:


1. Payment is to be made from a fund that exists at the time of the decree; or


2. The decree awards the right to receive installment payments or a lump-sum payment due on the maturation of an existing vested or non-vested right to be paid in the future; or


3. The award is for temporary spousal maintenance, as when, following a long term marriage, a spouse lacks the ability to work and earn money to be self-support



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  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance
  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance
  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance

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FAQ

If there is no divorce, then there is no written agreement that legally protects your interests. This means that common law spouses do not have any claim to child custody, child support, spousal support, or property division.

If a common law marriage can be established ? either through the declaration of informal marriage form or by proving the three elements ? then the spouses hold all the same legal rights as a couple who have a marriage license. These rights can be important throughout the marriage and in the event of a death or divorce.

Formal registration of your marriage by common law will require you to file a Declaration of Informal Marriage with the county clerk's office. In Houston, the appropriate place to get a license or declaration is at the Harris County Clerk's office or one of its branches. Locations in the Houston area are listed below.

While it is not a requirement, couples can register their common law marriage by filing a declaration with the county clerk. For couples that choose not to declare their common law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested in order to "prove" the marriage.

This may depend on how long the couple lived together before they separated. For example, in some provinces and territories a common-law couple must live together for two or three years before either partner is eligible for spousal support. Provincial and territorial rules vary across Canada.

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Spousal Support In Texas Common Law Marriage