Things I learned while studying for the Bar: Texas family law edition

Common-Law Marriages are recognized in Texas.
To be considered "common law" married, you must:

1. Have agreement by the parties to be husband and wife;
2. Co-habitate as husband and wife in Texas;
3. Hold yourselves out to one another as husband and wife;
4. Bring a proceeding to prove the existence of the CLM within 2 years after the relationship has ended.

You can get married in Texas if you're under the age of 14 if you get a court order.

A sex change will void a marriage.

You can't turn your pre-marriage separate property into community property with a pre-nup.

Post-divorce, your ex will get a portion of your benefits plan

calculate: (# months married and worked/total career months) * expected benefits

Livestock and Offspring

If you own livestock prior to marriage, you keep sole property rights over that livestock but share in the ownership of any offspring of that livestock that were birthed during the marriage with your spouse.

Screwing over the ex that put your ass through school:

Educational expenses, professional goodwill or a professional degree are not subject to division as community property upon death or divorce.

The unknowing husband:

You only have 4 years after the birth of a kid to allege you are not your wife's baby's daddy UNLESS you weren't living with your wife and you never said the kid was yours- in which case there is no statute of limitations.

Children and d-i-v-o-r-c-e

- Inflation will not warrant a change in child support.
- There is no gender preference when it comes to custody of the child.
- At age 12 a child of divorce can change who his primary guardian is.
- Visitation guidelines: 1st, 3rd and 5th weekends of each month; Christmas holidays every other school year; every other Thanksgiving; alternating Spring Breaks; Father's and Mother's Days; 42:48 day split in the summertime

Your parental rights will be terminated if:

- You abandon the child OR the mother during pregnancy AND it's the best interest of the child.

You can adopt a kid even if you're unmarried.

A child may sue for pre-natal injuries, personal injury or damage to property owned by the child, or loss of parental consortium caused by a tortfeasor through a guardian or next friend.

The earnings of a kid belong to her parents, who may recover for diminished earnings capacity.




You can "divorce" your parents (i.e. emancipate yourself) by court petition if:

- You're 16 and living separate and apart from your parents; OR
- You're 17.

Sources: Barbri; TexasBarFlash