Author: kurtyan

Question:Does Texas recognize a marriage performed in another state if it involves a minor who did not obtain a court order removing the disabilities of minority? Answer:No. Texas does not recognize such a marriage. In Broussard v. Arnel, 596 S.W.3d 911 (Tex. App.—Houston [1st Dist.] 2019, no pet.), the court held that a minor who […]

Question:If a person marries in another state and later moves to Texas, can they file for divorce in Texas? Answer:Yes. While Texas Family Code § 1.103 states that Texas law applies to persons married elsewhere who are domiciled in this state, there are specific residency requirements for filing for divorce. According to Texas Family Code […]

Question:Does Texas law apply to a common-law marriage established in another state if the couple moves to Texas? Answer:Yes. Texas recognizes common-law marriages, and under Texas Family Code § 1.103, the law of this state applies to persons married elsewhere who are domiciled in this state. Therefore, if a couple has established a valid common-law […]

Question:If a couple marries in another country and later moves to Texas, does Texas law govern their marriage? Answer:Yes. Under Texas Family Code § 1.103, the law of Texas applies to persons married elsewhere who are domiciled in this state. This means that once a couple establishes domicile in Texas, their marriage is subject to […]

Question:Why does Texas law favor the validity of the most recent marriage, according to Nguyen v. Nguyen? Answer:In Nguyen v. Nguyen, 355 S.W.3d 82 (Tex. App.—Houston [1st Dist.] 2011, pet. denied), the court made clear that Texas law leans heavily toward preserving the validity of the most recent marriage. This preference springs from a desire […]

Question:How did the Texas court in Nguyen v. Nguyen treat the legal weight of a more recent marriage when compared to an older one? Answer:The court in Nguyen v. Nguyen, 355 S.W.3d 82 (Tex. App.—Houston [1st Dist.] 2011, pet. denied), held that the more recent marriage carries a presumption of validity that is not easily […]

Question:In Texas, if someone challenges the validity of a current marriage by claiming there was an earlier, still-valid marriage, who has the burden of proof, and what factors increase the strength of the current marriage’s presumption of validity? Answer:In Nguyen v. Nguyen, 355 S.W.3d 82 (Tex. App.—Houston [1st Dist.] 2011, pet. denied), the court explained […]

Question: What legal presumption did the court apply in Zewde v. Abadi when evaluating the validity of a subsequent marriage in light of a prior foreign marriage? Answer: In Zewde v. Abadi, 529 S.W.3d 189 (Tex. App.—Houston [14th Dist.] 2017, no pet.), the court applied the presumption that the most recent marriage is valid. This […]

Question:What happens to a divorce decree in Texas if one party files for bankruptcy before the decree is issued? Answer:If a party files for bankruptcy before a divorce decree is issued, the automatic bankruptcy stay can render parts of the decree void, particularly those concerning the division of marital property. In Adeleye v. Driscal, 544 […]

Question:In a Texas divorce case, if a person claims they were already married before entering into a second marriage, how does the court determine which marriage is valid? Answer:In Texas, when multiple marriages are alleged, the law presumes that the most recent marriage is valid over any prior ones. To challenge this presumption, the individual […]