Marriage

Question 1

Two types of marriages recognized in TX

Answer 1

Ceremonial (Statutory) Marriage and Common-Law (Informal) Marriage

Question 2

Ceremonial Marriage

Answer 2

License + Ceremony

Question 3

License Requirements

Answer 3

1. The parties must be 18 years old, unless they have parental consent or a court order. A person under 16 may not obtain a license without a court order.
2. The parties not to be related within he prohibited degrees of consanguinity or kinship
3. That neither party is currently married; and
4. That neither party has been divorced within the past 30 days

*Waiting period–The parties must wait 72 hours after issuance of the license before getting married. This does not apply if (1) one party is a member of the armed forces or employed by Dept. of Defense (2) the waiting period is waived by the court (3) parties attended a premarital education course

Question 4

Ceremony Requirements

Answer 4

TX does not require any particular type of ceremony for a marriage to be valid.

A ceremonial marriage is still valid when a person is not authorized by the statute conducts the ceremony if:

(1) that person has the reasonable appearance of authority;
(2) at least one of the parties acted in good faith; and
(3) neither party is a minor whose marriage is prohibited by law or who by marrying commits bigamy.

Question 5

Common-Law Marriage Requirements

Answer 5

1. The parties must be both at least 18 years of age and meet three requirements:
   (1) They must agree to be married;
   (2) After the agreement they must cohabit (no minimum time requirement); and
   (3) They must hold out to others as married (may be proven by circumstantial evidence)
2. Declaration:
   Alternatively, the parties can declare the marriage by executing and recording declaration with the county clerk. This can officially establish an informal marriage.
3. Once a CL marriage is properly established, it has the same validity of a ceremonial marriage and can only be ended upon divorce or death.

Question 6

Void Marriages

Answer 6

Void Marriage

1. Bigamy
2. Consanguinity
3. Marriage to a minor younger than 16 (in absence of court order)
4. Marital child of void marriage–no illegitimate children; treats children of void marriage as if child were from valid marriage
5. Procedure to void marriage–A suit to declare a void marriage on grounds of bigamy or consanguinity is “in rem, affecting the status of the parties to the purported marriage.”

Question 7

Voidable Marriages

Answer 7

Annulment of a marriage is possible in TX if one of the following conditions exists:

1. Underage: A child between 16-18 must have parental consent or a court order. Minors under age of 16 may petition for an order granting permission to marry.
2. Under the influence of alcohol, narcotics, or lacked the capacity to consent
3. Impotency –if not known by petitioner at time of the marriage
4. Fraud, duress, force (most common)
5. Mental incapacity (unless continue to cohabit after learning of the condition)
6. Concealed divorce
7. Marriage less than 72 hours after issuance of license
8. Foreign marriages

Question 8

Marital Relationship

Answer 8

1. Duty to Support:
   Generally a spouse has a duty of support to the other spouse and to any minor children. A spouse is liable to provide “necessaries” to spouse and minor children.
2. Torts
   Generally, may sue each other of both negligent and intentional torts–no interspousal immunity. May also recover for IIED. But cannot have double recovery–once recover for tort damages for a wrongful act, cannot also seek unequal division of assets for same act.
3. TX does not recognize criminal conversation or alienation of affection actions.