How can we get around 30 day waiting period for marriage when groom is active duty?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can we get around 30 day waiting period for marriage when groom is active duty?

My fiance’s ex never paid the filing fee for their divorce and we learned the hard way that although he will be divorced in time, we may not have time for the 30 day waiting period before our planned wedding in December. He will only be here for 18 days and then we will not be together again until about 1 1/2 years from now. I’ve read on this site that our marriage could be voidable if we get married before the time period is up but would the county even issue the license? The voidable part doesn’t concern me, as long as the marriage would be legal.

Asked on August 26, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It wouldn't be per se illegal-- it would be as you say "voidable."  However, your marriage would still be legal in another context because Texas does recognize informal or "common law" marriages.  You won't get fined or ticketed if you don't wait the 30 days-- it could just cause problems down the road if you ever decide to divorce... the date the marriage actually began could possibly impact who gets what. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption