Marriage, Divorce, and Children

Now that you’re 18, you can get married without parental consent. Marriage is a legal contract that can impact assets, property rights, and even the custody arrangement of your children.

Marriage, Divorce, and Children

Now that you’re 18, you can get married without parental consent. Marriage is a legal contract that can impact assets, property rights, and even the custody arrangement of your children. Continue reading for an overview of legal considerations related to marriage.

What types of marriage are recognized by the State of Texas?

Ceremonial (Formal) Marriage – When couples obtain a marriage license and have a civil or religious ceremony. 

To begin the process of a formal marriage, couples must first obtain a marriage license. Couples must apply to the county clerk between three and thirty days before the marriage ceremony, and pay the application fee. When you appear before the county clerk, you must bring proof of identity and age, as well as a social security number (if you have one). You will next be required to take an oath before the county clerk, who will then record the license. 

Common Law (Informal) Marriage – a type of marriage without a government-issued certificate or formal ceremony. 

A valid “common law” marriage may be created by the execution of a Declaration of Informal Marriage form at a county clerk’s office, or by proof that the parties (1) agree to be married; (2) live together as a married couple; and (3) represent to others that they are married.

Dissolution of Marriage

Because marriage is a contract, a legal dissolution – a divorce – is required to end it. During a divorce, a judge will consider child custody, child support, and property division. As a general rule, all assets and debts acquired during the marriage are divided equally between spouses. 

In Texas, there is fault divorce and no-fault divorce. In a fault-based divorce, one spouse must prove the other’s misconduct caused the marriage to fail. Grounds for a fault-based divorce include but are not limited to, cruelty, adultery, or a spouse’s conviction for a felony. In a no-fault divorce, neither party needs to prove fault; rather, they simply state that the marriage is broken due to insupportable differences.

Child Custody and Support

How do couples (married or unmarried) file for child custody? 

Child custody (or “conservatorship” as it is referred to in Texas) is obtained through either filing a divorce (married couples) or filing a suit affecting parent-child relationship (unmarried couples). Conservatorship is the rights and duties of the parents (making decisions for the child regarding school and healthcare, for example), and is represented in three different ways: Joint Managing Conservator, Sole Managing Conservator, and Possessory Conservator. At the conclusion of a suit, the court will order each parent to be one of these conservator types based on the facts of the case and the needs of the child(ren).

What is a Joint Managing Conservator?

A joint conservatorship order means the parents share decision-making about most issues. It does not mean the child’s time is split equally between the parents. A possession order will say when each parent has the right to time with the child. In most joint conservatorship orders, one parent will have the exclusive right to decide where the child lives (usually within a certain geographic area). This parent is called the “custodial parent” and the parent that the child will live with primarily. The other parent is called the “non-custodial parent.”

What is a Sole Managing Conservator?

Sometimes, one parent (or a nonparent) can be named the sole managing conservator. A sole managing conservator has the exclusive right to make most decisions about the child. A judge might name one parent a sole managing conservator because of the other parent’s  family violence, child abuse, neglect, or absence in the child’s life.

What is a Possessory Conservator?

A possessory conservator has the right to spend time with the child, but they don’t get to make major decisions. If one parent is named a sole managing conservator, the other parent is usually named a possessory conservator. If a nonparent (grandparent for example) is named a sole managing conservator, the parents are usually named possessory conservators.

Can a parent’s rights be terminated? 

Yes. Depending on the circumstances, a court may terminate parental rights for a number of reasons, including but not limited to abandonment, failure to support, and endangerment of the physical or emotional well-being of the child.

Can a father be required to support a child if he isn’t married? What if the man denies that he is the child’s father? 

Yes. The child, the child’s mother, or the Texas Attorney General, can sue a father for financial support of the child. A common method of ensuring that a child has financial support is by the court issuing an income withholding order which requires employers to automatically deduct the child support amount from the father’s paycheck.

If a man contests that he is the father of a child, the child’s mother, a child support agency, or certain other parties can start a paternity action. Establishing paternity can secure a father’s rights as a parent, and it also entitles children to financial support (as above-mentioned) as a court cannot order an alleged father to pay child support until paternity is established.

Establishing paternity also entitles children to benefits, such as insurance or veteran’s benefits, through the father, as well as gives children the right to know if they have hereditary health problems.

Does an abused spouse have to start a divorce action to get assistance from the courts? Do you have to be married to seek protective services from an abusive partner? 

No, and no! You can get a protective order from a court if you or a member of your household has been subject to abuse and the court finds that abuse is likely to occur in the foreseeable future. The order may contain a wide variety of remedies. The perpetrating spouse or domestic partner’s failure to comply with the terms of the order can be punishable by fine, imprisonment, or both. 

If you have been abused, immediately call the police. Get hospital treatment and keep records of injuries, witnesses, police officers, and medical attendants. A temporary protective order may be requested to keep your spouse or domestic partner away from your home and place of employment.

If you’re interested in learning more, please visit the resources below:

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SPECIAL THANKS
This project was made possible thanks to a generous grant from the Texas Bar Foundation
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