The Palmer Law Firm
  • CALL: 832-819-3529
  • Blog
  • FREE CONSULTATIONS
  • Services
  • Bio
  • Why Choose Us?
  • Client Process
  • FAQs
  • Should My Child Return to School?

Do Not Pass Go: Void Marriages in Texas

9/1/2015

0 Comments

 
Picture
Normally in Texas, marriages are made to stick. If someone claims to be married, then the burden is on the other party to prove they weren't. In contrast, void marriages are legally invalid from day one. Do not pass go. Do not collect $500. In void marriages, neither party has a choice in reaffirming such a marriage because there exists a defect so grave, that the State of Texas will not permit the marriage under any circumstances. 

There are two ways that a marriage is absolutely void in Texas. One is the "Putative Marriage" where one party is already married to a different person. The other is that the parties are too closely related to each other. (TFC 6.201) The fancy word is "Consanguinity". 


Remember that there are two types of invalid marriages: marriages that are void (discussed here) and those that are voidable. Your lawyer should not be sloppy and plead the wrong type of case. The term "annulment" is often casually tossed around by the client and the attorney, but that is only for VOIDABLE marriages. A void marriage never was. It does not get annulled. It gets a declaration that it is void. Such void marriages are properly filed as "A Suit to Declare Void the Marriage of ___ and ___". Also remember that unlike a normal divorce, there is no 60 day waiting period after filing suit. It is a small favor from the legislature that you can get these muddled messes over quick.

Remember that any type of marriage dissolution case has the same considerations if there are children involved; i.e. kids from these relationships are not "bastardized" by these proceedings. You have to do a full "Suit Affecting the Parent Child Relationship" and assign all rights, duties, access, visitation, etc. regarding the children.


Yes, this can get complicated quick.  You should see a dedicated family lawyer if any of these issues are involved with your case.  Many lawyers claim that they handle family law cases, but they only "dabble" when it is slow in their primary area of practice.  If your attorney doesn't know the difference between "void" and "voidable" marriages, then you probably should find another lawyer.  Proper pleading and initial fact gathering will save you a lot of hassle (and money) in these types of suits.  

0 Comments



Leave a Reply.

    Need more information about this or any other topic involving family law in Texas?
    ​
    Click the button below to book a

    FREE ATTORNEY CONSULT
    Book Now
    832-819-3529
    Picture
    Attorney Sean Y. Palmer has over 18 years of legal experience as a Texas Attorney and over 24 years as a Qualified Mediator in civil, family and CPS cases. Palmer practices exclusively in the area Family Law and handles Divorce, Child Custody, Child Support, Adoptions, and other Family Law Litigation cases.  He represents clients throughout the greater Houston Galveston area, including: Clear Lake, NASA, Webster, Friendswood, Seabrook, League City, Galveston, Texas City, Dickinson, La Porte, La Marque, Clear Lake Shores, Bacliff, Kemah, Pasadena, Baytown, Deer Park, Harris County, and Galveston County, Texas.
    Call
    ​ 832-819-3529

    Archives

    February 2021
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    July 2019
    June 2019
    November 2016
    October 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014

    Categories

    All
    Adoption
    Coronavirus
    Custody
    Disasters
    Divorce
    Divorce League City
    Grounds For Modification
    Harassment
    Holidays
    Litigation
    Parenting
    Property Rights
    Single Fathers
    Social Media
    Statistics
    Texas Divorce

    RSS Feed

The Palmer Law Firm

www.thepalmerlawfirm.com
www.mydivorcefirm.com


(c) 2021 Sean Y. Palmer

DISCLAIMER

​This website is for educational purposes. The information you obtain at this site is informational only and is not, nor is it intended to be, legal advice.  You should consult with an attorney for advice regarding your individual situation.   Sean Y. Palmer is the attorney responsible for the content of this site.  


DATA NOTIFICATION
Pursuant to the Health Insurance and Portability and Accountability Act, and the Texas Medical Records Privacy Act of the Texas Health and Safety Code, consumers are noticed that their protected health care information may be transmitted electronically.​




​

  • CALL: 832-819-3529
  • Blog
  • FREE CONSULTATIONS
  • Services
  • Bio
  • Why Choose Us?
  • Client Process
  • FAQs
  • Should My Child Return to School?