Dallas Cohabitation Agreement Lawyers

Strengthen Your Bond by Fostering Trust and Transparency

  • Protect What Matters Most
  • Expert Counsel for Fair, Respectful Agreements
  • Minimize Disputes and Misunderstandings Down the Road
  • Clarify Stance on Common Law Marriage

Couples are choosing to live together without getting married at rates higher than they’ve ever been, but often do not address protecting their property and rights if a cohabitation relationship ends or becomes adversarial. A legal cohabitation agreement can help both individuals feel more comfortable as they take this next step in their relationship.

Dallas Family Law Attorneys with Decades of Experience Guiding Clients with Compassion

 

Effective and Enforceable Cohabitation Agreements Are a Smart Option

A cohabitation agreement can encompass several potential issues:

  • A typical cohabitation agreement explains the terms that both parties plan to abide by for as long as they live together.
  • It also specifies how property will be divided if the couple should break up or move into separate residences.
  • Both parties should also fully disclose their assets to avoid unintentional omissions in the agreement. The document may also include information about each party’s individual property, which is considered separate from any community property they own jointly.
  • It can also clarify that the couple agrees they are not entering into a common-law marriage, which can be very important and save much stress, time and money if one party eventually makes such a claim.

To be valid, a cohabitation agreement must be fully understood by both parties at the time of signing. Therefore, each party should be represented by their own legal counsel to ensure that the document protects both parties’ rights and best interests.

Dallas Cohabitation Agreement Resources

Why consider cohabitation agreements in Texas?

One of the most prevalent reasons to consider a cohabitation agreement is to specifically clarify and agree that living together will not create a common law marriage. In Texas, a common law marriage can be claimed if certain criteria are met, and can subject a couple to the laws applicable to married couples when dividing property, assets and debts when the relationship ends. A cohabitation agreement can also identify and verify the ownership of each person’s future and current earnings, assets and liabilities when the couple’s intent is to keep them independent and separate.
Alternatively, a cohabitation agreement can also create some of the benefits of married couples if desired. The laws in the State of Texas consider property acquired during a marriage to be owned equally by both parties, regardless of whose name is on the title or deed. However, this legal principle does not extend to couples who are not married. Clients come to us to consider a cohabitation agreement for many reasons, but one big reason has to do with assets like real estate. Avoiding real estate mistakes early in a marriage or during a long-term relationship can often lead to a stronger bond.

For example, if a couple has been living together for an extended period of time and one partner has been making mortgage payments on a house that is in the other partner’s name, the non-property-owning partner may have limited rights to claim a share of the equity in the home if they are not legally married. Similarly, if a couple has been living together for a long period of time and one partner provided financial support to the other, there is no legal obligation for ongoing financial support after the relationship ends.

This can be particularly difficult for individuals who have been in a long-term relationship and have children together, as they may not be able to claim spousal support or maintenance payments after the relationship ends, unlike married couples who can seek such payments through the court system. To establish rights similar to those enjoyed by married couples, unmarried parties may choose to enter into a cohabitation agreement.

At Hargrave Family Law, we can help you evaluate whether a cohabitation agreement is right for you. To find out if a cohabitation agreement is a viable option for your situation, reach out to us at Hargrave Family Law today.  

Dallas Divorce and Cohabitation Resources

Don’t Face This Alone – We’re Here to Help

Hargrave Family Law – Cohabitation Agreement Dallas Divorce Lawyers

Taking steps toward financial security and open financial communication within your relationship can be daunting. Reach out to us at Hargrave Family Law to help you explore your options for a cohabitation agreement. Hargrave Family Law was founded by compassionate Dallas divorce lawyer Jennifer Hargrave with a strong mission in mind. Using non-adversarial techniques, our firm advocates for you and your family in a way that helps you protect what matters most.

Don’t Face This Alone – We’re Here to Help

Hargrave Family Law – Cohabitation Agreement Dallas Divorce Lawyers

Taking steps toward financial security and open financial communication within your relationship can be daunting. Reach out to us at Hargrave Family Law to help you explore your options for a cohabitation agreement. Hargrave Family Law was founded by compassionate Dallas divorce lawyer Jennifer Hargrave with a strong mission in mind. Using non-adversarial techniques, our firm advocates for you and your family in a way that helps you protect what matters most. 

 

These badges reflect recognition from several well‐known legal rating services and professional organizations, each with its own selection process. Best Lawyers® (by BL Rankings, LLC) bases its listings on exhaustive peer reviews, naming attorneys who colleagues believe exemplify excellence in their field. Expertise.com curates its “Best Divorce Lawyers in Dallas” list by evaluating reputation, credibility, experience, availability, and professionalism. Super Lawyers (a Thomson Reuters service) uses peer nominations and independent research to honor the top‐performing attorneys, and Martindale‐Hubbell confers its AV Preeminent® rating for the highest ethical standards and professional ability. Avvo’s 10.0 rating highlights strong client reviews and legal background, while Board Certification through the Texas Board of Legal Specialization recognizes significant experience and proven competence in a specific area of law. In combination, these acknowledgments underscore why we’re often referred to as a Top Dallas Divorce Attorney and a Best Dallas Divorce Lawyer.

Important: No certificate or award guarantees a specific outcome for your individual case.

Frequently Asked Questions

What should I bring to my case evaluation?
The good news is that you do not need to bring anything with you – just yet. The purpose of the case evaluation is to learn more about you and your family. We will have you complete a brief questionnaire, but you don’t need to have all your documents pulled together just yet.
How long does the divorce process take?
The length of the divorce process varies depending on the complexity of the case and the level of agreement between parties. We strive to resolve cases efficiently while ensuring all aspects are thoroughly addressed. While most cases last between six and nine months to reach a settlement, there are cases that are finished the 61st day after filing a divorce petition (i.e., the minimum time in Texas), and also cases that can take much longer depending upon the complexity of the estate and the conflict between the parties.
What are my rights regarding child custody?
Both parents have rights regarding their children. In a divorce, these rights are allocated between the parents, either by agreement of the parties or by the court if the parties are not able to reach an agreement. We work to protect your parental rights and achieve a custody arrangement that benefits you and your children.
Will my spouse find out if I contact a divorce attorney?

The fact that you have reached out to contact a divorce attorney is privileged information and should remain protected. If you are concerned that your communications are being monitored, you need to bring that to your attorney’s attention right away, so we can help you protect your communication for that initial contact. I would recommend that you go ahead and use a phone that your spouse doesn’t have access to. If you have a phone at work or a friend’s phone, that can be helpful. Also, you may want to set up another email account that you can use for communication with your attorney. We want to make sure that all of your communication throughout the divorce process remains privileged and protected.

What grounds do I need to file for divorce (in Texas)?

In the state of Texas, couples no longer have to go through the painful process of proving grounds in order to get a divorce. In fact, Texas is a no-fault state, which means you simply have to show that the marriage has become insupportable, or in other words, the marriage is broken. Does that mean there aren’t reasons for the divorce? Of course not. There are always reasons for divorce. We no longer have to prove those reasons. At Hargrave Family Law, we know if you’ve been living in a broken marriage, it’s been a painful journey, and we want to help you bring us into that journey so you can start the next chapter of your life.

What is collaborative divorce?

collaborative divorce allows couples who are beginning the divorce process to make the commitment to each other that they’re going to work together to resolve the issues that need to be settled. Instead of going to court and litigating the issues in front of the judge, they’re going to work with a team of dedicated professionals, including their lawyers, a mental health professional, and a financial professional who are all committed to helping them reach a final resolution. We find that our clients who engage in the collaborative divorce process enjoy the perfect privacy it provides for their families, and they enjoy the control. So there isn’t somebody else who’s making these decisions for them. And they also enjoy a stronger co-parenting relationship after the divorce is finalized.

Can I modify my custody agreement?

In the state of Texas, it is possible to modify the provisions of the original order. In order to do so, we need to show the court that there’s been a material and substantial change in circumstances. This applies whenever we’re changing child support.

  • If somebody’s got a new job, and they’re making a significant amount of money, then it may be time to modify.
  • If a parent has moved out of state, it may be time to modify the possession schedule,
  • or if the parents are no longer able to reach agreements for any number of reasons regarding important aspects of the child’s care, then again, that may be time to modify.

In order to determine whether you’re eligible for a modification, you’ll need to meet with an attorney and see if your circumstances meet the threshold requirements in order to request the court for change, or the parties may simply agree to the changes in which case most of the time, the court will adopt those changes.

Should I empty our bank account before filing for divorce?

Emptying a bank account before filing for divorce will have serious consequences and will most certainly increase the tension and conflict in your divorce process. Before taking such a step, we strongly urge you to talk with your lawyer and make sure you’ve considered all your options. What we don’t want to do is take a step early on in the process that can make negotiating a desirable settlement, more difficult, if not impossible, later on.

You should also read this post on addressing your finances in a divorce.

I’m concerned my spouse will be abusive to our kids, what can I do?

If there has been any history of abuse in your home, whether that abuse has been directed against you or your children or any other family member for that matter, you need to take steps to put a safety plan in place as you prepare to leave your marriage.

We know that the decision to divorce is a very difficult one, especially if you’ve been in an abusive relationship. We also know that there is a heightened risk associated with the decision to divorce. We’re going to help protect you and make sure that there are safety measures in place so that you don’t have to risk hurting yourself or your children in the divorce process.

How can I tell my spouse I want a divorce?

Having decided you want a divorce, your first big challenge is how to break the news to your spouse. Check the post, Honey, I want a Divorce for tips on making the divorce conversation easier.

I was just served divorce papers. What should I do?

Being served with divorce papers can be a scary and intimidating time for many people. Not surprisingly when it comes to questions about divorce, we get this one a lot! The first thing you need to do is simply take a breath. You’re going to be okay. Divorce is a legal proceeding. And being served with papers is simply the formal way that your spouse lets you know that he or she has initiated that process. 

Second, you’re going to find in the petition that there may be standing orders or a temporary restraining order. These are important to pay attention to because they may limit what you’re able to do – with your finances, for example. 

There are other guidelines that are set forth in those orders that are very important, and you need to pay attention to them. Also, there’s a timeline that comes with the service of process,  and that means that you need to get an answer on file. And there also may be a hearing date that’s scheduled. The very best thing you can do right now is to pick up the phone and contact a lawyer, so you can learn more about what this means for you.

I’ve decided to file for divorce, what can I do to prepare?

If you are in a broken marriage, and you’ve decided to file for divorce, the very best thing you can do to help prepare for that divorce is to gather information. First, you’re going to want to gather information about your household finances and understand where your accounts are. 

If you have a financial advisor, take time to meet with him or her. Get copies of tax returns, and now is also a great time to get a copy of your credit report. In addition to financials, you want to make sure that you’re taking care of yourself emotionally. And by that, I mean take time to do the things that you love to do, spend time with people who love and support you. And finally, when it comes to preparing for divorce, one of the most important steps you can take is to meet with a divorce lawyer who can help you plan for the divorce and make sure you understand and know all your options.

Am I legally married in Texas?
In Texas, it’s possible to be in a common law marriage without that ever being your intention.
How long does it take to get divorced (in Texas)?

In Texas, just because you file for divorce doesn’t mean you have to get a divorce. Sometimes couples are able to reconcile in the divorce process. If that’s something that you think might be an option, we want to know that early on, so we can help you select a process that provides the space for that to happen. And we can also put you in touch with resources that we think may be helpful.

You can also read te post How long does it take to get divorced in Texas?

Can I spy on my spouse during the divorce?
Before you take any steps, to spy on your spouse, whether you are installing a GPS tracker, you’ve got keylogger software, or you have any listening devices in your home, you need to make sure you speak with a lawyer. So many of these techniques for getting information about your spouse without their permission are illegal and can actually cause harm to your legal case. We want to make sure you get all the information that you need in the legal avenues that are available so that you can have the very best outcome possible.
How can I make divorce easier on my kids?

If you are beginning the divorce process, the very best thing you can do for your children is to let them know that they are loved by you and by the other parent. Here are some tips we found to help make divorce easier on your children.

  • Keep your routines as stable and steady as possible
  • Remind them that they are loved by both parents and be supportive of the children’s relationship with the other parent.
  • Make sure you’re not disparaging or discouraging the other parent,
  • Make sure your child has time to do the things they love to do and to spend time with their friends and their family members.
  • And finally, if you find that your kiddos are experiencing disruption in their sleep or eating patterns or that they’re experiencing sadness, this is a great time to get a child therapist involved to help support your child.

 

You should also read Breaking the News: & Tips for Telling Your Kids About Divorce and find out more information on parenting through divorce on our blog.

Can I date during my divorce?
When facing divorce, it’s understandable that you may want to move on to your next stage in life as quickly as possible. Maybe you’ve found a companion you’d like to spend time with while your divorce is concluded. Divorce attorney Jennifer Hargrave discusses the legality of dating after filing for divorce and how to tell if you are in a common-law marriage in the state of Texas.
What is common law marriage (in Texas)?

It is quite possible to be married, even if you never had a formal marriage ceremony, you didn’t go to the courthouse, and you didn’t sign a marriage certificate! Marriage can come about by what’s called a “common law marriage.” So, if you live together, and you intended to be married, and you held yourselves out to other people as married, then you may in fact be married. That means if the marriage has come to an end, the relationship has come to an end, and you may also need a divorce in order to bring an end to that relationship. If you have any questions about whether you are married under the laws of Texas, we’d love to talk with you and help you figure out whether your next step is to file for divorce.

Testimonials

Hear From Our Clients

Rebel R.

The Hargrave Family Law firm provides all of the services and resources that anybody would need during the divorce process. The legal advice is first rate, and the staff checks in regularly to update you on the process. There are also staff members who call just to check to see how you are doing during the process. That is a comforting feeling when you have such a deep bench at your disposal during the most gut wrenching time in your life. The firm also works with other attorneys in a more collaborative way to reduce costs and complete the process smoothly. Highly recommend.

Leigh R

[During a very difficult time in our family, Hargrave Family Law took such amazing care of us. We highly recommend HFL as your family attorney. Our experience with them was nothing short of professional. They were highly responsive, communicative, compassionate towards our cause, and organized. If these are qualities that you look for in your lawyer, look no further. Jennifer and her entire team [of compassionate Dallas divorce attorneys] will take great care of you.

Erin B

I cannot thank Jennifer Hargrave and her entire staff enough for navigating me through the divorce process. My children and family dynamic were always the top priority. Every detail was communicated to me and thoroughly explained. Jennifer and her staff were always available to listen to my concerns and address them. While divorce is a devastatingly sad and emotional process, I was always met with a smile and the most positive counsel. Without Jennifer and and her staff, I am confident that my outlook on my future would not be the same. She gave me newfound confidence as I start a new chapter. I highly recommend Jennifer Hargrave.

Compassionate Dallas Divorce Attorney Jennifer Hargrave

The Jennifer Hargrave Show

Compassionate Divorce
and Family Law

Welcome to The Jennifer Hargrave Show, where top Dallas divorce attorney Jennifer Hargrave (Managing Partner at Hargrave Family Law) talks all aspects of family law (divorce, custody, prenups, mediation, parental rights and much, much more) in a series of fascinating, informative and advice-filled interviews with her expert friends & fellow professionals.