Thursday, February 02, 2006

the texas marriage

Well, here we go…a review of the Texas Family Code. The headings I have used do not exactly track the Texas Family Code, but specific sections will be referenced as we move along. You may want to leave the family code link opened so that you can continually refer to it.

If anyone ever happens to look at this family law blog…please feel free to comment or ask questions as we go along.

Getting Married

The “Formal” Marriage

Generally, a marriage validly created in one state will be recognized in all other states. I say “generally” because of the new hot topic of gay marriages. Below we will discuss how Texas generally side-steps this issue.

If you are married in another state, but reside in Texas, the laws of the State of Texas apply to you regardless of where you were married. Any marriage entered into in the State of Texas is presumed valid unless evidence is offered otherwise.

The first step in getting married in Texas is to obtain a license. The requirements for the license can be found under §§2.001 through 2.501.

Only a man and a woman can apply for a marriage license in Texas. Persons of the same sex cannot be issued a license. This is set out in §2.001. Texas continues with this line of thought later in §6.204 by prohibiting “civil unions” or anything purporting to give persons of the same sex marital rights. This applies to laws of other states as well. It is against the State of Texas’ “public policy”. Therefore gay marriages from other states are not recognized here.

I will not bore you with other license requirements except to answer the common questions of how old you have to be to get married. Typically, you have to be over 18 years of age to get a license. You can get married at age 14 or older if you meet the requirements set out in §2.003. You can even be married at ages under 14 if you ask the court to allow it and they do!

You cannot marry persons related by whole or half blood or by adoption. A marriage attempted in violation of this is “void”, i.e. it never existed. Don’t be to down, first cousin’s can still marry! Yee ha!

Another important point for those of you who are recently divorced, you cannot obtain a license to marry if you were divorced in the prior thirty days unless you are marrying the person you just divorced (yikes) or the court waives the requirement. IMPORTANT NOTE, if you absolutely must jump back into the fire within thirty days, get the judge to waive the prohibition in your decree of divorce. They will almost always grant the request.

Next week we tackle the “informal” marriage.


Anonymous said...

Since it says that you cant get married again within 30 days of divorcing.....I'm wondering what if you were divorced on say the 2nd of Dec. then married someone else on the 9th of Dec. in another state and both of you still reside in Texas Is that marriage valid?

Anonymous said...

I have a question more so than a comment. I know a young soldier that got back from Iraq and was dating a female before he left for his duty. When he was away she found his check book and wrote check (good/bad), and claimed that they were married. He is trying to obtain is losses from her, but it seems that the "Informal Marriage" law is working in her favor. What can he do to clear his name and this matter.
-Helpless Friend

Anonymous said...

If you get divorced in one state that says in your decree that you cannot remarry within 6 months in that State, can you go to Texas and remarry after 30 days? One party of the new marriage is a Texas resident.

Anonymous said...

what if i want to married a 29 yesrs old man and i'm 16, the thing is that he have kids and a woman , i knew that the first time i met him, then i tried to talk to his woman about it and she understand about us, he is going to get divorced, and take care of those little babies.the problem here is that my parents dont accept him but they know he is a good man, maybe ya think that am stupid for been going out with a old man, but just what i want is ya to tell me what to do not to blame on me ot tell me that am stupid. thank you for your help. 4ever his.

Chris Schmiedeke said...

Wow, now here is an interesting post. Okay, so I am not allowed to give my opinion on the situation and I am not allowed to be judgmental. Hmmmm, okay here it goes:

You can't marry him without your parent's consent or without a court order. How was that? No judgment, nothing, just the facts.

Click on the link to the side that says "Texas Family Code", then look at Chapter 2, specifically section 2.003. There is your answer.

Good luck.

P.S. this is a good place to remind everyone that the laws are constantly changing. I believe the laws have changed since I first wrote this post so whatever is written is not worth the ink on the printed page. Keep that in mind when reading posts on the web that are years old.

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