Texas Annulments

[AmeliaAnne]

My sister was divorced from her 2nd husband in Oklahoma, went to Texas and registered to be married in Tarrant county to her 3rd husband. They were married before the legal length of time between divorce and marriage had taken place. Plus, they never mailed in their marriage license after they wed. They were only together for 57 days. Are they legally married? If no, is there anything they have to do? If yes, can their marriage be annuled? Do they have to formally divorce?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You need to be a little more specific. What do you mean "legal length of time"? When you are legally divorced, you can turn around and be legally married.

If they never turned in a marriage license, there is a possiblity the state won't recognize the marriage. If so, there was never a marriage to annul.

You need to have a family law attorney/divorce attorney check all records to see what the state recognizes/has in its records.

Try attorneypages.com or call your state bar association and ask for lawyer referral.

 

[LegalBeagle]

If they never turned in a marriage license, there is a possiblity the state won't recognize the marriage. If so, there was never a marriage to annul.

I do not believe that is correct. The person who married them would have registered the marriage.

 

[LadyBlu]

My sister was divorced from her 2nd husband in Oklahoma, went to Texas and registered to be married in Tarrant county to her 3rd husband. They were married before the legal length of time between divorce and marriage had taken place. Plus, they never mailed in their marriage license after they wed. They were only together for 57 days. Are they legally married? If no, is there anything they have to do? If yes, can their marriage be annuled? Do they have to formally divorce?

Oklahoma Divorce:

§43-123.

It shall be unlawful for either party to an action for divorce whose
former husband or wife is living to marry in this state a person other
than the divorced spouse within six (6) months from date of decree of
divorce granted in this state, or to cohabit with such other person in
this state during said period if the marriage took place in another
state; and if an appeal be commenced from said decree, it shall be
unlawful for either party to such cause to marry any other person and
cohabit with such person in this state until the expiration of thirty
(30) days from the date on which final judgment shall be rendered
pursuant to such appeal. Any person violating the provisions of this
section by such marriage shall be deemed guilty of the felony of
bigamy. Any person violating the provisions of this section by such
cohabitation shall be deemed guilty of the felony of adultery.

An appeal from a judgment granting or denying a divorce shall be made
in the same manner as in any other civil case.


Texas:

§ 2.004. Application Form


(a) The county clerk shall furnish the application form as prescribed by the bureau of vital statistics.


(b) The application form must contain:


(1) a heading entitled "Application for Marriage License, ____________ County, Texas";


(2) spaces for each applicant's full name, including the woman's maiden surname, address, social security number, if any, date of birth, and place of birth, including city, county, and state;


(3) a space for indicating the document tendered by each applicant as proof of identity and age;


(4) spaces for indicating whether each applicant has been divorced within the last 30 days;




Unless they married within 30 days from the divorce there is no laws broken.