Marriage

Marriage, in a legal sense, is a civil agreement between a man and a woman to become husband and wife. As of this writing, Massachusetts legally recognizes a marriage between two people of the same gender and the concept of marriage is being applied, in some sense, in other states as domestic partnerships and civil unions. Marriage in Texas is limited to one man and one woman. A family law lawyer can best cover all of the aspects of a legal marriage in Texas

Prior to the ceremony, the couple needs to take a few legal steps to ensure they receive all of the benefits of being legally married.

1. The people to be married cannot be close blood relatives. All states prohibit a marriage between: siblings, half siblings, a parent and their child, a grandparent and their grandchild, a great-grandparent and their great-grandchild and an aunt/uncle and their niece/nephew. Some states have additional limitations such as cousins.
2. The couple must apply for a marriage license with the county clerk or clerk of court. The waiting period between securing the marriage license and having the ceremony must be heeded. A marriage license differs from a marriage certificate. The license is legal authorization to get married while the certificate stands as proof of marriage. In Texas, a marriage license expires in 31 days and there is no waiting period between applying for and getting the license. However, there is a three day waiting period between acquiring the license and getting married.
3. Both people must be over the age of 18 or have parental permission to marry.
4. Proof of full termination by death, divorce or annulment of any previous marriages must be provided.
5. Both people must be sufficiently mentally competent to enter the legal contract. Drunkenness, mental illness or other forms of being in a mentally compromised state at the time of the ceremony may render the marriage invalid or provide a legal basis for an annulment.
6. The ceremony must be performed by someone legally allowed to perform marriage ceremonies such as priests, rabbis, ministers, judges, etc.
7. The marriage license must be properly filed after the ceremony.
8. Some states require the couple to submit to a blood test to test for sexually transmitted diseases. Texas does not require a blood test.
9. Some states require copies of immunization records for certain diseases.

A marriage in one state is legally recognized in all states with the exception of a gay marriage in Massachusetts. A marriage performed in another country, assuming the marriage was valid by the laws of that country, is usually recognized as a valid marriage in the United States. Check with a family law lawyer if there are any questions regarding the validity of a marriage. In the event that a marriage needs to be dissolved, the laws governing the area in which the couple files for divorce or annulment apply, not those of the area in which they were married.

There are several benefits to being legally married.

Financial Marriage Benefits:

1. Filing a joint tax return on the state and federal level.
2. Exemption from estate and gift taxes for property given or left to a spouse.
3. Creating estate trusts that are limited to family
4. Receiving Social Security, Medicare and/or disability benefits for a spouse.
5. Receiving veteran and other military benefits (medical care, loans, and education)
6. Receiving public assistance as a family
7. Receiving wages, retirement, pension or worker's compensation for a deceased spouse.
8. Receiving family rates for insurance (home, health, life, auto, etc)
9. Receiving victim recovery benefits in the event your spouse is the victim of a crime.
10. Suing another party in the event of wrongful death.
11. Receiving child support or alimony in the event of a divorce.

Medical Marriage Benefits:

1. Visitation of a spouse in intensive care or other controlled visitor medical settings.
2. Make recognized medical decisions for an incapacitated spouse.
3. Be informed of the medical status and provided information for an injured, ill or incapacitated spouse.
4. Be covered under an insurance plan offered by a spouse's employer
5. Consenting to medical exams and other procedures after a spouse's death.
6. Making recognized burial decisions for a spouse that has passed away.
7. Taking protected family medical leave in the event that a spouse becomes seriously ill.
8. Taking bereavement leave in the event that a spouse or a close relative of a spouse passes away.

Additional Marriage Benefits:

1. Visitation rights in jails and other places that allow family only visitation.
2. Filing for adoption as a couple
3. Filing for adoption of a stepchild.
4. Applying to be a foster family.
5. Eligibility for family incentives provided by some companies and organizations (tuition discounts at schools, living in families only neighborhoods, automatically being included in a lease renewed by a spouse, etc)
6. Being protected by marital communications privilege. Courts cannot require a person to disclose private conversations with their spouse.
7. Equitable division of property in the event of a divorce.
8. Able to sponsor a non-citizen spouse for citizenship.

Texas Marriage & Communal Property

Texas is a communal property state. This means that income earned and property acquired during the marriage is considered marital property. Even if only one spouse earned an income, both parties share the income and property equally. This also means that spouses are generally held accountable for each other's debts. There are exceptions to this and a family law lawyer can help you understand your rights and obligations as a married couple in Texas. The fact that Texas is a communal property state is also the reason why many Texans prepare prenuptial agreements and your "family law lawyer" can help you determine if such an agreement is in your and your future spouse's best interest.

Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.

Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757

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