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Texas recognizes informal marriage, otherwise known as common law marriage. There are a lot of common misconceptions about what it means to be informally married, but there are clear requirements on establishing a common law marriage.

There are 3 requirements in Texas to be common law married. All 3 must be true at the SAME time.

To be informally married, you must:

1. Agree to be Married

Both you and your partner must consent and agree to be married. This agreement can be verbal or written. It also requires both people to agree – it can’t be 1 sided.

2. Live Together as Spouses in Texas

You must live together as a married couple in Texas.

3. Represent Yourselves as Married to Others

You must represent to other people you are married. This can be things like wearings rings, filing joint tax returns, and calling each other spouses. Other things like signing real estate documents as spouses or being listed as a spouse on insurance are good examples of representing oneself as married to others.

Common Misconceptions about Common Law Marriage

There are several misconceptions family law attorneys hear a lot. Here are the most common ones:

• Misconception number 1: There is a time limit or requirement on how long you have to live together to be “common law married.”
  • Spoiler alert: that is not a requirement! There is no set timeframe for how long a couple must live together to be considered married. You either meet all 3 factors or you don’t.
• Misconception number 2: Since we weren’t “married-married,” there is no need to get divorced.
  • If you are married, you are married and need to get divorced. Whether someone had a religious or formal ceremony or is informally married, a marriage only ends in death or divorce.
• Misconception number 3: We have been apart for a year, so no need to get divorced.
  • Again, marriage only ends in death or divorce. There is a presumption that if no divorce was brought in 2 years after the couple separates, there was not a common law marriage but its rebuttable. That means, if someone brings a case after that and can prove there was a marriage because all the factors were met, then the case proceeds.
• Misconception number 4: A proposal means marriage.
  • This one is tricky. What happened after the proposal? Did you meet the 3 required factors? That is what a Court would focus on. Otherwise, its just an engagement. It really depends – if you are married, no need for a proposal. Think about the 3 factors and whether they existed before/after the proposal.

Why Is it Important to Prove There is a Marriage?

As spouses, there may be certain requirements or obligations that have to be fulfilled financially in the event of divorce. A spouse may be entitled to spousal maintenance, which is not on the table if there is no marriage. Another thing that gets affected if there is no marriage is property division – there isn’t community property to be divided if there is no marriage. The existence of a marriage affects assets, eligibility for spousal maintenance, whether you are eligible to inherit from another person, insurance coverage/eligibility, etc.

Have questions about informal marriage? Call or reach out to our office.

To learn more , email us or call us at 214-528-3344 (Dallas) or

817-230-4442 (Ft. Worth) or 972-312-1212 (Plano).

Powers of attorney are really powerful tools that allow another individual to make decisions on your behalf.

In TX, there are 2 different types you need to know: the Medical Power of Attorney (MPOA) and the Statutory DurablePower of Attorney (SDPOA) , which is also known as financial power of attorney.

You don’t want to need a power of attorney and not have one. Both types of powers of attorney (the MPOA and SDPOA) can be made effective upon incapacity. Neither power of attorney takes away your ability to make decisions for yourself. It just gives another person the ability to make decisions for you too.

Medical powers of attorney are important to do in advance because emergencies don’t occur when we expect them to. Accidents and sickness occur and the last thing anyone wants to think about in a time of need are legal documents.

What is a Medical Power of Attorney in Texas?

A medical power of attorney lets your agent (the legal word for the trustworthy decision-maker you choose) make decisions for you related to your healthcare if you are unable to make them for yourself. Your agent can consent to procedures, treatments, medications, care plans, etc. The MPOA lets your agent make decisions if you can’t make them yourself.

Sidenote: you may be thinking this is a Living Will. It’s not! A Living Will is called an “Advance Directive” or “Directive to Physicians” in TX. A Directive to Physicians tells your healthcare providers your preferred end-of-life care plans such as life support versus palliative/comfort care. It’s important to have both documents so that your agent isn’t making the decisions on your end-of-life treatment or care plans, especially if you feel very strongly about one option over another.

Who can have a MPOA?

Anyone over 18.

Why have a MPOA?

The last thing you want when you need medical care and can’t make decisions on your own is friends or family fighting over what is right for you. Picking an agent, you trust in advance resolves this and gets you the care you need when you need it. It means your wishes will be honored and avoid having to get a court involved to get you the care you need.

What is a Statutory Durable Power of Attorney?

Like a medical power of attorney, a Statutory Durable Power of Attorney (SDPOA) allows you to designate someone you trust as an agent to manage your financial affairs.

An SDPOA can be effective immediately or only upon your incapacity. You can limit what financial transactions your agent can make as well. For example, you can give your agent the power to conduct real estate transactions, handle tax issues, designate or change beneficiaries, make deposits and withdrawals from accounts in your name, pay bills, etc. Again, it doesn’t take away your ability to make decisions, it just also gives another person the ability to make financial decisions on your behalf. It’s a powerful tool so its important to pick the right person to be your agent.

Why have an SDPOA?

It provides financial security when you need it and really don’t have the ability (or desire) to think about it. The biggest decision is when to make it effective (incapacity versus immediately). If you want to be covered when it comes to financial decisions in case of incapacity, then you can choose to have your SDPOA activate only upon your incapacity. If you want it effective immediately, for example, if you plan to travel outside of the country and are worried about things going wrong at home, then maybe you want it immediately. It really is a case-by-case decision on if you want one and when you want it to be active.

Are powers of attorney revocable?

Yes!

When do powers of attorney expire?

Upon the death of the person making the designation (or revocation, if revoked).

How to Choose an Agent?

Whether it’s a MPOA or a SDPOA, your agent needs to be someone you trust, who is a legal adult (over 18), and who you feel will honor your wishes. Think about someone who stays calm under pressure and has your back.

Questions?

Give us a call at 214-528-3344 to schedule a consultation and to find out more about powers of attorney and get these important documents handled the right way.

Texas Family Courts look to the Texas Family Code in establishing spousal maintenance. Assuming there is no pre/post-nup agreement affecting spousal maintenance, Courts are limited in how much spousal maintenance can be ordered. Once the court determines a person is eligible for spousal maintenance (a hearing is required), spousal maintenance is capped at the lesser of:

(1) $5,000; or

(2) 20 percent of the spouse’s average monthly gross income.

For temporary orders, the court looks at the minimum reasonable needs of the spouse seeking maintenance (assuming they are eligible for it). You will have to submit a breakdown of your income & expenses called a financial information statement to determine the monthly need for spousal support.

For purposes of determing spousal maintenance, gross income includes the following:

(A) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);

(B) interest, dividends, and royalty income;

(C) self-employment income;

(D) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and

(E) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, unemployment benefits, interest income from notes regardless of the source, gifts and prizes, maintenance, and alimony.

Gross income for the purposes of determing spousal maintenance does NOT include the following:

(A) return of principal or capital;

(B) accounts receivable;

(C) benefits paid in accordance with federal public assistance programs;

(D) benefits paid in accordance with the Temporary Assistance for Needy Families program;

(E) payments for foster care of a child;

(F) Department of Veterans Affairs service-connected disability compensation;

(G) supplemental security income (SSI), social security benefits, and disability benefits; or

(H) workers’ compensation benefits.

Courts look at a number of factors in determining the amount of spousal maintenance (and duration of it). Courts are actually required, by the Texas Family Code, to make a determination of the nature, amount, duration, and manner of payments and look to many factors, including those below, in making those decisions:

(1) each spouse’s ability to provide for that spouse’s minimum reasonable needs independently, considering that spouse’s financial resources on dissolution of the marriage;

(2) the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;

(3) the duration of the marriage;

(4) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;

(5) the effect on each spouse’s ability to provide for that spouse’s minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;

(6) acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;

(7) the contribution by one spouse to the education, training, or increased earning power of the other spouse;

(8) the property brought to the marriage by either spouse;

(9) the contribution of a spouse as homemaker;

(10) marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and

(11) any history or pattern of family violence.

Questions about spousal maintenance? Give us a call at 214-528-3344 to schedule a consultation.

Did you know that there are new child support maximum guidelines that went into effect September 1, 2025?

Beginning September 1, 2025, there were changes enacted by the Texas legislature that affect child support guidelines. The new guidelines could impact your child support payments or current litigation.

The new monthly guideline child support numbers are:

The court typically looks at the first $11,700 of the obligor’s net resources in establishing the child support obligations. The prior net resources cap was $9,200.

You might be wondering what is a “net resource?” Good question! The statute defines net resources in Texas. The court can look at a number of things, but net resources are defined as sources of income including the following:

• Employment income (like wages, salary, tips, commissions, and bonuses);
• Income from investments, such as interest or royalties;
• Self-employment income (includes rental income);
• Retirement benefits;
• Severance pay;
• Trust income,
• Capital gains;
• Most Social Security benefits (for example, SSDI but not SSI);
• Service-connected VA disability benefits;
• Unemployment benefits;
• Interest income from notes regardless of the source;
• Gifts and prizes;
• Spousal maintenance; and
• Disability and workers’ compensation benefits.

Call our office today at 214-528-3344 to schedule a consultation and learn about how the new law might impact your prior order or pending litigation.

What is it?

Spousal maintenance is what Texas calls spousal support.

Who is eligible?

In a divorce or suit for spousal maintenance, a court may order a spouse to pay spousal maintenance to the other if the person seeking maintenance will lack enough property upon divorce to support their minimum reasonable needs AND one of the following also applies:

(1) the spouse seeking maintenance is unable to earn sufficient income to provide for their minimum reasonable needs because of incapacitating mental or physical disability;

(2) the spouse seeking maintenance has been married to the other spouse for at least 10 years and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs;

(3) the spouse seeking maintenance is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs; or

(4) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:

(A) within two years before the date on which a suit for dissolution of the marriage is filed; or

(B) while the suit is pending.

How long will it be paid?

Not to give you a lawyer answer, but it really depends. During a case, judges can order some period of time or until the divorce is finalized. After a divorce is finalized, it really depends on the facts of your case but there are some maximum time frames to be aware of.

Here are some timeframes you should be aware of because courts are limited in how long spousal maintenance can be ordered post-divorce based on TX law.

(2) the spouse seeking maintenance has been married to the other spouse for at least 10 years and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs;

(3) the spouse seeking maintenance is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs; or

(4) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:

(A) within two years before the date on which a suit for dissolution of the marriage is filed; or

(B) while the suit is pending.

How long will it be paid?

Not to give you a lawyer answer, but it really depends. During a case, judges can order some period of time or until the divorce is finalized. After a divorce is finalized, it really depends on the facts of your case but there are some maximum time frames to be aware of.

Here are some timeframes you should be aware of because courts are limited in how long spousal maintenance can be ordered post-divorce based on TX law.

• for marriages less than 10 years where one spouse was convicted of family violence – 5 years max
• for marriages where you were married 10+ years, but less than 20 years – 5 years max
• for marriages where you were married more than 20 years, but less than 30 years – 7 years max
• for marriages where you were married 30+ years, – 10 years max

Note – these are the max time frames. Courts will generally limit spousal maintenance to the minimum amount of time allowable for the spouse seeking maintenance to earn sufficient income to provide for that spouse’s minimum reasonable needs, unless the ability of the spouse to provide for the spouse’s minimum reasonable needs is substantially or totally diminished because of:

(A) physical or mental disability of the spouse seeking maintenance;

(B) duties as the custodian of an infant or young child of the marriage; or

(C) another compelling impediment to earning sufficient income to provide for the spouse’s minimum reasonable needs.

Can courts review spousal maintenance orders?

Yes. Courts can periodically review spousal maintenance orders and can modify them upon the appropriate request of a party based on specific factors.

How much spousal maintenance will the court order?

Here is another lawyer answer, it depends. Check out our blog on how courts set the amount of spousal maintenance.

What else should I know?

There is a rebuttable presumption (a legal assumption court’s can make) that spousal maintenance is not warranted unless the person seeking it has exercised their due diligence in earning sufficient income to provide for their minimum reasonable needs or in developing the necessary skills to provide for the spouse’s minimum reasonable needs during the time the divorce suit is pending/separation from your spouse.

How do prenups/postnups affect maintenance?

Your lawyer would need to review your agreement and see what provisions, if any, are included about spousal maintenance or support. Some agreements bar requesting maintenance. Others may have contractual provisions regarding amounts and durations of payments that would control what is possible. Be sure to tell your lawyer you have a pre or postnup and provide them a copy to review.

Questions about spousal maintenance? Give us a call at 214-528-3344 to schedule a consultation.

• The key indicator of whether a mediation was successful is whether you can make the agreement work. Think “Can I live with this?” or “Can I make this work?”
• If you leave mediation without a signed mediated settlement agreement, there is no deal.
• If you reach a partial MSA, the court will only hear the issues not resolved by the agreement at trial.
• After mediation, one of the attorneys will prepare the formal order confirming the MSA into an order of the Court. Both sides review it, sign, and submit it to the Court for signature to get the case finalized.

Have we mentioned that an MSA is binding? You cannot revoke the agreement once reached. Think of it as carved in stone.

Mediation is a really great way to try to resolve even the most difficult of situations and get your family on the way to the next chapter.

Questions about how mediation may be right for your case? Give us a call at 214-528-3344 to schedule a consultation.

Divorcing residents in Texas who own a home together with their spouse may want to try and keep their house after their divorce, but this decision should be carefully reviewed to protect both parties’ financial futures.

It is not uncommon for a house to be a married couple’s most significant asset. It is also an asset to which a great amount of emotion can be attached, especially if a couple has raised its children in the home. Therefore, it is only natural that a person in Texas might want to try and keep their house if they get divorced. This may well be possible but is not a decision that should be taken lightly, especially by the person who will leave the house.

Homes are only one part of the marital estate

One thing that is important for both spouses to keep in mind when discussing how to address their home in a divorce is that the home is just one piece of their overall estate. According to U.S. News and World Report, all assets and debts should be evaluated together before decisions are made about any of them.

It may end up that a spouse who wants to keep a house learns that they will have to cede other assets in exchange, and that reality may not be something they wish to do. Retirement accounts, vehicles, timeshares and more should all be part of this review.

If a couple considers selling their home, they should also be prepared to factor in the costs associated with that decision. These may include capital gains tax, closing costs, realtor commissions and more.

Mortgages are separate from homes

Keeping a home after a divorce is not necessarily as easy as including a provision in a divorce decree or even signing a quit claim deed. Instead, the person keeping the house should seek a new or refinanced mortgage as well. As explained by The Mortgage Reports, this is the only foolproof way of eliminating financial responsibility for the other party.

A bank considers the parties on the loan to be responsible for that mortgage, even if they no longer have legal ownership in the property. This means the person who leaves the home and may even have signed away their rights via a quit claim deed could find their credit report damaged when a late or missed payment is reported on it.

Proper counsel is imperative

Making the right decisions when negotiating a property division settlement can be difficult and require a close eye on not just the immediate facts but the future as well. For this reason, Texas residents are encouraged to seek experienced legal counsel when getting divorced.