Have you seen the movie “What Happens in Vegas” starting Ashton Kutcher and Cameron Diaz? Have you ever went to Vegas and looked at one of those marriage chapels after a long night of gambling and/or drinking and wondered how cool it would be to get married to your significant other you just met at the casino? Well, the good news is if this happens in Texas, there are certain scenarios that can protect you from being stuck in a marriage and not having to go through a divorce to dissolve your marriage:
VALIDITY OF MARRIAGE
VOID MARRIAGES: What is a void marriage? A void marriage is one that society doesn’t not legally accept as a legitimate marriage. How can a marriage be void?
- A marriage with someone under 16 years of age unless court order
- An informal marriage with minor
- Marriage to a family member unless step-siblings
VOIDABLE MARRIAGE: A voidable marriage is a marriage that is legal and legitimate as long as both spouses still agree to be married. However, if the disadvantaged party no longer wishes to be marries, the marriage can be dissolved.
- Marriage to someone 16 years of age without parental consent or court order and the marriage must be declared invalid before the minor turns 18 years of age.
- Marriage to someone who has a permanent impotent at the time of the marriage. The party marrying did not know impotency at the time of marriage and there has not been any voluntary cohabitation since learning of impotency. If they are still cohabitating when the impotency was discovered the marriage will be ratified.
- Marriage to someone who at the time of marriage was under influence of alcohol or drugs and did not have the capacity to consent. There cannot be any cohabitation since effects of alcohol or drugs ended or the marriage will be ratified.
- Marriage to someone by fraud, duress, or force can be annulled as long as no cohabitation since the fraud, duress or force has ended.
- Marriage to someone who at the time of marriage did not have mental capacity to consent or understand the marriage ceremony because of a mental disease or defect. The other party did not know or have reason to know of defect and once they are aware of the disease or defect the cohabitation must cease.
- Marriage within 30 days of divorce decree
- Marriage that took place before the 72 hour waiting period
Do you have any questions regarding the validity of your marriage? Need a family law or divorce attorney in North Houston including Klein, Tomball, Spring, Woodlands, FM 1960, and surrounding areas? Contact the A.T. Law Office for a free consultation. You may ask for attorney Amir Tavakkoli of Houston, TX. We also practice in different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and Brazoria County.