We were engaged on and off for 6 years got married last year but did not wait the 72 hours before getting married because his grandmother took ill and he wanted her to see him married. Now that I have filed for a divorce after only 6 months he is stating that we are technically not married because we did not wait the 72 hours. Are we legally married or will the judge agree with him?
Since Texas has common law marriage also, I would say the two of you are married formally or informally. And it doesn't matter. I would not expect a Judge to agree with him.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
Your marriage is legal subject to the possible annulment ground of failure to wait the 72 hours. Texas also recognizes common law marriage. Most likely you were married and need a divorce.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
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