Author: kurtyan

Question: Why does Texas favor the most recent marriage when multiple marriages are alleged? Answer:Texas wants stability and clarity. It’s easier to assume the last marriage is legal unless someone shows otherwise. That way, families and courts aren’t left guessing. If someone thinks an earlier marriage still counts, they must prove it. Otherwise, the newest […]

Question: Can a former spouse claim they are still married if their ex marries someone else? Answer:Not unless they prove their marriage never ended. The law protects the new marriage first. The burden is on the person claiming the earlier marriage. They have to show that the prior marriage was valid and never dissolved by […]

Question: How does Texas law resolve conflicts when a person appears to have been married to more than one spouse? Answer:Under Texas law, if a person has been married more than once to different people, the law assumes that the most recent marriage is the valid one. This presumption holds unless someone can prove that […]

Question: In Durr v. Newman, how did the court handle the issue of determining the validity of a common-law marriage contracted in a state that does not recognize such unions? Answer: In Durr v. Newman, 537 S.W.2d 323 (Tex. Civ. App.—El Paso 1976, writ ref’d n.r.e.), the Texas Court of Civil Appeals addressed whether a […]

Question:Does Texas law recognize informal marriages involving individuals under 18 years old? Answer:No, Texas law does not recognize informal (common-law) marriages involving individuals under the age of 18. In Kingery v. Hintz, 124 S.W.3d 875 (Tex. App.—Houston [14th Dist.] 2004, no pet.), the court held that a person under eighteen may not be a party […]

Question:What legal presumption did the court apply in determining the validity of a subsequent marriage when a prior marriage’s dissolution was in question? Answer:In Zewde v. Abadi, 529 S.W.3d 189 (Tex. App.—Houston [14th Dist.] 2017, no pet.), the court applied the legal presumption that the most recent marriage is valid. The husband contended that his […]

Question:What is the presumption regarding multiple marriages under Texas law? Answer:When multiple marriages of a person to different spouses are alleged, Texas law presumes that the most recent marriage is valid against each marriage that precedes it. This presumption continues until someone proves the validity of a prior marriage. To rebut this presumption, one must […]

Question:Does a divorce petition in Texas need to specify the type of marriage ceremony, such as a proxy or customary marriage? Answer:No, a divorce petition in Texas does not need to specify the type of marriage ceremony. In Adeleye v. Driscal, the petitioner alleged that the parties were married in Nigeria but did not specify […]

Question:What is the presumption regarding multiple marriages under Texas law? Answer:When multiple marriages of a person to different spouses are alleged, Texas law presumes that the most recent marriage is valid against each marriage that precedes it. This presumption continues until someone proves the validity of a prior marriage. To rebut this presumption, one must […]

Question:How does Texas law treat marriages conducted outside the state, such as a Nigerian proxy marriage? Answer:Texas law generally recognizes marriages that are valid where contracted. This means that if a marriage, such as a Nigerian proxy marriage, is valid under the laws of the place where it was performed, Texas will also consider it […]