Category: Advice

Question:Can parties in a Texas family law case file an agreed motion to modify or reform the judgment after rendition if they’ve since reached a settlement? Answer:Yes, but only with the court’s permission—and it depends heavily on timing and the judge’s discretion. After rendition, the judgment can be reformed or modified by agreement through a […]

Question:If judgment has already been rendered in a Texas family law case, can the parties still enter into a new mediated settlement agreement and file a nonsuit? Answer:No. Once the court has rendered judgment, there is nothing left pending to nonsuit. A judgment is rendered when the judge officially announces a decision, whether orally in […]

Question:Can a fifteen-year-old in Texas become emancipated by entering into a common-law marriage? Answer:No. Texas law sets firm limits on who can enter into a common-law marriage. In Kingery v. Hintz, the court ruled that a fifteen-year-old girl could not form a valid common-law marriage under Texas Family Code § 2.401(c). That statute bars minors […]

Question:Does Texas follow the “place of celebration” rule in recognizing marriages from other states? Answer:Not always. While Texas often recognizes marriages valid where celebrated, it draws the line when the foreign marriage clashes with strong Texas public policy. In Broussard v. Arnel, a minor married legally in Missouri, but the court held Texas was not […]

Question:If a Texas minor gets married in another state where underage marriage is allowed, does that make them emancipated under Texas law? Answer:No. A minor from Texas who marries in another state does not gain adult status in Texas unless that marriage is also valid under Texas law. In Broussard v. Arnel, a fifteen-year-old left […]

Question:What happens to the legal capacity of a minor if their marriage is annulled in Texas? Answer:If a minor’s marriage is annulled in Texas, the law treats that marriage as if it never existed. The adult capacity granted by the marriage vanishes with it. The minor is restored to their prior legal status—a child under […]

Question:If a minor marries under Texas law and then divorces, does the divorce return the minor to child status under the law? Answer:No. Once a person marries legally in Texas, they gain the legal status of an adult. This status remains even if the marriage ends in divorce. The divorce doesn’t undo the adult capacity […]

Question:Does a person under 18 who is legally married in Texas gain the full legal capacity of an adult, including the power to enter into contracts? Answer:Yes. Under Texas Family Code § 1.104, any person who has been married in accordance with Texas law—regardless of age—gains the full legal capacity and power of an adult. […]

Question:What burden of proof must a party meet to challenge the validity of a marriage presumed valid under Texas law? Answer:In Fuentes v. Zaragoza, 555 S.W.3d 141 (Tex. App.—Houston [1st Dist.] 2018, pet. denied), the court reaffirmed that Texas law presumes every marriage is valid, including those performed outside the state. To challenge this presumption, […]

Question:How did the ruling in De Leon v. Perry influence the recognition of same-sex marriages performed outside Texas? Answer:In De Leon v. Perry, 975 F. Supp. 2d 632 (W.D. Tex. 2014), aff’d, 791 F.3d 619 (5th Cir. 2015), the federal court addressed whether Texas’ refusal to recognize same-sex marriages performed in other jurisdictions violated the […]