During a divorce one of the most important issues to be decided is how to divide the community estate, or more precisely defined as, the property acquired during the marriage that is not separate property. (Complex issues can sometimes arise when deciding if something is community or separate property and you should enlist the help of a qualified Houston divorce attorney if you are facing this task). The question of how to characterize property as community or separate can be difficult when the parties are clearly married but can be even more dicey if the marriage is void under Texas law. Sometimes certain marriages are void, and for that reason no property is "acquired during the marriage" because there was no marriage. Where does that leave an innocent spouse upon divorce in such a circumstance? Read on for some insight.
Many people are familiar with the term "common law marriage", in Texas this idea is called an informal marriage. Not all states recognize informal marriage, but fortunately for some, Texas recognizes the informal marriage to the same degree as a formal one. So if you are a part of an informal marriage then you cannot dissolve it merely by pretending it never happened. To dissolve an informal marriage you either need to get a divorce, annulment, or one of the parties must have died. To actually dissolve an informal marriage it is wise to seek the counsel of a Houston divorce lawyer, but read on to learn more.
Chad Zubi Houston Family and Criminal Law Attorney.