The three part test to prove a common law marriage in Texas was met by various facts contained in OP's posts, however the divorce has not been accomplished even though there was a separation. Here are the specific Texas laws, including the divorce from
http://www.co.travis.tx.us/dro/common_law.asp .
Q: What makes a common law marriage?
* A: Three elements must be present to form a common law marriage in Texas.
First, you must have "agreed to be married." (This was acknowledged by common law spouse)
Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return. (Mail addressed to Mrs. X )
Third, you must have lived together in this state as husband and wife. (cohabitation and children and above qualify)
Q: How can I get out of a common law marriage?
A: Common law marriage may end in two ways.
If there have been children or if property and debts remain undivided, you will want to seek a formal divorce. In a divorce, paternity, custody, support, and visitation can be determined, and debts and community property can be divided.
Under a new provision of the Family Code, either partner in a common law marriage has two years after you split up to file an action to prove that the marriage did exist. In order to fit into this provision, you must have separated after September 1, 1989.
Both partners in a common law marriage are responsible for debts and for care and support of children of the marriage. It is therefore urgent that you discuss the ending of this marriage with an attorney. You have a choice of methods, but they all require you to act within a certain length of time. However, even if the time has expired for you to obtain a divorce, other steps can be taken to get orders for payment of child support and visitation for children of the marriage.