Elegantly Elite
Junior Member
What is the name of your state (only U.S. law)? The Lone Star State of Texas
(I believe I may have posted this elsewhere on this site...if I did, please pardon the repost.
)
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The following is the situation at hand:
My tentative fiance (who will be my husband after everything is legally said and done) was married on 12/09/1996 in Dallas, TX.
He filed for divorce on 6/29/2011.
When I looked up his marriage license, I saw that he married her on the same day he got the marriage license.
Texas law states you have to wait at least 72 hours (3 days) before getting married.
It was also filed on the same day he married.
I was told that because they married contrary to the Texas 72 hour waiting period, the marriage may be invalid.
However, my questions are these:
1) Is that true...that the marriage may be no good because of this?
2) Is he legally married because it was filed and recorded with the Records Division, even though it was made invalid?
3) If it's invalid, does he still have to go through a divorce?
NOTE: He does not want an annulment...he can't get it anyway seeing that more than 30 days have passed since the date of this "marriage". He just wants to know if he should either get a divorce because it was recorded, even though it was invalid...or could he just walk away from it.
There is a minor child involved, but orders are already in place for custody, visitation and support via the OAG.
Thanks for any and all replies!What is the name of your state (only U.S. law)?
(I believe I may have posted this elsewhere on this site...if I did, please pardon the repost.
)______________________________________________
The following is the situation at hand:
My tentative fiance (who will be my husband after everything is legally said and done) was married on 12/09/1996 in Dallas, TX.
He filed for divorce on 6/29/2011.
When I looked up his marriage license, I saw that he married her on the same day he got the marriage license.
Texas law states you have to wait at least 72 hours (3 days) before getting married.
It was also filed on the same day he married.
I was told that because they married contrary to the Texas 72 hour waiting period, the marriage may be invalid.
However, my questions are these:
1) Is that true...that the marriage may be no good because of this?
2) Is he legally married because it was filed and recorded with the Records Division, even though it was made invalid?
3) If it's invalid, does he still have to go through a divorce?
NOTE: He does not want an annulment...he can't get it anyway seeing that more than 30 days have passed since the date of this "marriage". He just wants to know if he should either get a divorce because it was recorded, even though it was invalid...or could he just walk away from it.
There is a minor child involved, but orders are already in place for custody, visitation and support via the OAG.
Thanks for any and all replies!What is the name of your state (only U.S. law)?
