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Lorenzana Law Firm, P.C. Blog
Lorenzana Law Firm, P.C. Blog


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Attorney Megan Naglveiter gives the answers to several common questions regarding Texas marriage.

Q. - Which marriage is presumed to be valid?

A. - When two or more marriages of a person to different spouses are alleged, the most recent marriage is presumed to be valid as against each marriage that precedes the most recent marriage until one who asserts the validity of a prior marriage proves the validity of the prior marriage

Q. - What if I'm married elsewhere in another state or country?

A. - The law of this state applies to persons married elsewhere who are domiciled in this state.  This means that so long as the person seeking to enforce the marriage is a resident or domicile of Texas, the marriage contract would be enforceable in Texas regardless of where the marriage was consummated or where the parties were married.

Q. - Can I sue my spouse for "alienation of affection"?

A . - No.  In Texas, a right of action by one spouse against a third party for alienation of affection is not authorized in this state.

Q. - Is a promise in consideration of marriage enforceable in Texas?

A. - A promise or agreement made on consideration of marriage or nonmarital conjugal cohabitation is not enforceable unless the promise or agreement or a memorandum of the promise or agreement is in writing and signed by the person obligated by the promise or agreement.

Q. - Can a minor apply for a marriage license?

A. - In addition to the other requirements provided by this chapter, a person under 18 years of age applying for a license must provide to the county clerk:

(1)  documents establishing, as provided by Section 2.102 of the Texas Family Code, parental consent for the person to the marriage;

(2)  documents establishing that a prior marriage of the person has been dissolved; or

(3)  a court order granted under Section 2.103 authorizing the marriage of the person.

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