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Smith & Garg - Attorneys at Law
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Domestic Dispute



Children & Divorce



Family Disputes



 

Common Law Divorce - FAQ's

Faq's

Family Law Attorney, Family Law and Common Law Divorce

If a sixteen year old child enters into an informal or licensed marriage without parental consent or court order, what legal remedies are available?

A suit for annulment may be filed by the parent, guardian or managing conservator if the minor is more that 16 but less than 18 years of age. The court sitting without a jury may in its discretion grant the annulment.  The court will consider the pertinent facts concerning the welfare of the parties in reaching a decision, including whether the female is pregnant.  The suit by a parent, guardian or managing conservator must be filed before the person’s eighteenth birthday.  An annulment proceeding may not be commenced after the death of either party to the marriage.

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