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Latest Q&A’s

Do you need a divorce to end a common law marriage?

I’ve been living with my girlfriend for almost 10 years. Things are not going well even though we’ve been going to counseling and I am considering ending the relationship. We live in Dallas and I know common law marriage can be a legal marriage in Texas. I was never concerned about it because I never thought we’d break up. We didn’t get officially married because she would have lost the retirement payments she got from her ex-husband if she remarried. I put her name on my house and we own other property together. If I do decide to leave the relationship, do I need to get a divorce in order to deal with the division of our property if she and I can’t agree? I suspect that if I tell her it’s over, she will make things very difficult and not want to settle things with me without involving court.
Divorce Dallas, TX

Will a prenup protect my retirement benefits?

I am engaged and want a prenuptial agreement. I have a substantial pension with a corporation I work for in Houston. My company has advised me that once I marry, my spouse automatically becomes the beneficiary of my pension. She would have to voluntarily waive her interest after we marry. I don’t want to take the chance that she would refuse to sign off once we are married. I want to advise her that I will not proceed with the wedding unless she signs a prenup giving up any interest in the pension. I am also concerned because I am told Texas is a community property state and once married, we would share everything 50/50. Will a prenuptial protect my pension in the event of a divorce?
Prenuptial Agreements Houston, TX
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