marriage

Question 1

marriage

Answer 1

a k that requires parties to have legal capacity to consent to a K

Question 2

ceremonial

Answer 2

• must obtain a marriage license after providing proof that the individuals have legal capacity to consent to the marriage
• 72 hour waiting period between getting license and ceremony (waived for military)
• license is good for 90 days

Question 3

age for ceremonial

Answer 3

-as of 2017, a person must have reached age of 18 to consent to marriage

• marriage at 16 or 17:
  (1) an emancipation of the minor; and
  (2) judicial approval of the marriage

Question 4

relation

Answer 4

parties cant be related by consanguinity (blood) or affinity (marriage

*cant marry- an ancestor or descendant, a sibling, a 1st cousin, a niece or nephew, or an uncle or aunt; stepparents or half-siblings

Question 5

previous divorce

Answer 5

cant marry someone who has been divorced within the past 30 days unless there is a court order

Question 6

pre-martial counseling

Answer 6

-TX doesn’t require premarital counseling, but participation could wive the 72 hour waiting period

Question 7

who can conduct ceremony

Answer 7

• Christian minister
• rabbi
• person who is an officer of a religious organization and ho is authorized by the org to conduct a marriage ceremony
• any judge or justice of the peace

Question 8

common law marriage

Answer 8

• “informal marriage”
• can get a declaration saying youre CL married
• treated same as formal marriage
• creates a presumption of marriage that can be rebutted

Requires:

1) cohabitation as a married couple;
2) holding themselves out to the public as married AND
3) an agreement to be married (oral or written; can be implied from conduct)

Question 9

bigamy

Answer 9

• crime in TX
• if a person enters into a 2nd marriage without the first marriage ending by divorce or death, the 2nd marriage is VOID
• putative spouse= innocent spouse who does not have knowledge of the legal impediment to the marriage (acquires CP rights)

Question 10

multiple marriages

Answer 10

-most recent is presumed valid

Question 11

children

Answer 11

child born of a void marriage is treated as if the child has been born of a valid marriage

Question 12

procedure to void marraige

Answer 12

action is an “in rem” proceeding affecting the status of the parties

Question 13

marriage to minor

Answer 13

is void absent court intervention through emancipation and judicial approval

Question 14

grounds for a voidable marriage

Answer 14

1) under influence if alco or narcotics
2) impotency
3) fraud, duress, or force
4) concealed divorce- must be brought within one year of marriage date
5) marriage within 72 hours of license- challenge must be brought within 30 days of the marriage

Question 15

foreign marriage

Answer 15

TX recognizes foreign marriages that comply with TX law

-NOT marriages that violate TX public policy