Are you ready for a divorce? But first did you say “I do?”After considering the facts in your case you’ve either decided to file for break or that’s already been decided for you since your spouse was just as unhappy dissatisfied as you. In any event there is a divorce in your future. After you’ve chosen your attorney one of the first questions that he should ask is: “How long undergo you lived in Texas?” This crucial because in order for a Texas Court to hear a divorce action one or more of the parties has to undergo lived in the State for at least six months and in the county for 90 days; this is called Jurisdiction and without it the court does not undergo the cater to hear a break inspect. Because of the jurisdiction issue if you your spouse or even your child has not been in Texas for that magic six months you will have to wait until that period of time has been met. There are some exceptions but those are rare and very fact specific involving military personnel. The second challenge is: “Are you married?” It seems simple that the say would be assumed and obvious. But the truth is that that are two types of marriages recognized in Texas. The Formal Marriage is the most obvious and prevalent write. It’s the one where there is a formal wedding ceremony ranging from the “Cecil B deMille” church or religious wedding production with the direct of thousands to the Informal Marriage. The latter is referred to generally as the “Common Law Marriage. Both the Formal Marriage and the Common Law Marriage are recognized as valid legal marriages. Most family law attorneys are well versed with the differences because there are distinct special issues arising in the inspect of the invalid Informal Marriage as opposed to the Formal Marriage. I went to Law School in the 1970’s at the height of the Love Generation with its chants of “Make Love. Not War” and “Free Love and plate Beer”. The social mores were changing during those times and cohabiting with the opposite sex was becoming more commonplace and open than ever before. I surmised in my then intellectually superior state as a Law Student that the only way out of a bona fide Common Law Marriage was by a legal divorce. The status of the law at that measure fairly come up supported that position with one case holding that an overnight stay in a motel room as Mr and Mrs. Jones was sufficient to be a Common Law Marriage with all.
Related article:
http://puttingasunder.blogspot.com/2007/10/are-you-ready-for-divorce-part-ii.html
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