family law attorney

Family Law Questions Rarely Heard

Family law questions, marital relationship statutes and divorce law questions and answers are the things we family law attorneys work with and talk about every day.  But, there are some interesting things in the Texas Family Code that I don’t get to talk about most days in the office.  Interesting to me, maybe interesting to you, too.

Here are a few interesting questions and answers from the Texas Family Code.

What if the person who officiated my wedding was a fraud?

This is a question that I have never been asked but think that if I was asked that question, it might be one of those times I, as a family law attorney, find it interesting and you would probably be under some stress if you are the question asker.  In Texas, if it turns out that your wedding ceremony was conducted by someone who did NOT have the authority to marry you (only certain people do in the Texas Family Code), you may still be married if it was reasonable to think the person had authority to marry you, at least one of you participated in the marriage in good faith and acts as if the marriage is valid and neither of you are minors or your marriage creates the situation where certain criminal offenses are being committed.

Who gets the engagement ring if the wedding is called off?

An engagement ring is a conditional gift.    In real life, that means the gift becomes yours when the condition – marriage – happens.  Until then, ownership is somewhat fluid.  So, if you receive the engagement ring and call off the marriage – you will probably have to give the ring back.  And, if you gave the engagement ring and don’t go through with the wedding then you might not get the ring back.  The issue can rely a little bit on the facts of the break-up but mostly the concept of conditional gift is going to prevail.

Can I get remarried tomorrow?

Put the brakes on if you are thinking you are going to get divorced on Monday and married on Saturday without talking with your divorce lawyer.  If you are going to remarry your ex-spouse, you CAN get remarried tomorrow.  But, there is a 30 day waiting period to remarry someone else (can’t get married until day 31) after a divorce is granted.

Contact a family law attorney for the answer to your questions.

Jill O’Connell