Is My Marriage Legitimate? |
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Void Marriages In Texas
Normally in Texas, marriages are made to stick. If parties believe that they were legally married, then in most cases- they are. If there was some technicality that invalidated the legality of the marriage, then it is simple enough for the parties to fix the error and reform the marriage.
In contrast, void marriages are legally invalid from day one even if both parties thought they were legally married. 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 "Consanquinity". (See also previous posting). Remember that there are two types of invalid marriages: marriages that are void (discussed here) and those that are voidable. A 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 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. How the Palmer Law Firm Can Help
Every divorce is unique, and the decisions you make today will have long term consequences for you and your family. That is why it is very important for anyone thinking about getting a divorce in Texas to first get all the information they can, and then get advice from a professional on how that information fits into their unique situation. We can help you determine the legal status of your relationship and what (if any) actions should be taken to protect your interests. We understand these times are difficult, but we can help you move towards a brighter future. As we always say: "We can't protect your HEART but we can protect your RIGHTS." Call us at 832-819-3529 to schedule a free consultation or simply use the form on this page. We look forward to helping you. |
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