Archive for the ‘Marriage’ Category

WILL PROVISIONS MADE BEFORE DISSOLUTION OF MARRIAGE

Tuesday, June 28th, 2011
“Relative” means an individual who is related to another individual by consanguinity or affinity, respectively.
 
If, after making a will, the testator’s marriage is dissolved, whether by divorce, annulment, or a declaration that the marriage is void, all provisions in the will, including all fiduciary appointments, shall be read as if the former spouse and each relative of the former spouse who is not a relative of the testator failed to survive the testator, unless the will expressly provides otherwise.
 
A person whose marriage to the decedent has been dissolved, whether by divorce, annulment, or a declaration that the marriage is void, is not a surviving spouse unless, by virtue of a subsequent marriage, the person is married to the decedent at the time of death and the subsequent marriage is not declared void.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

LIMITATIONS

Tuesday, June 21st, 2011

A suit must be filed before the second anniversary of the date a former spouse unequivocally repudiates the existence of the ownership interest of the other former spouse and communicates that repudiation to the other former spouse.

The two year limitations period is tolled for the period that a court of this state does not have jurisdiction over the former spouses or over the property.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

PREMARITAL EDUCATION COURSES

Saturday, June 11th, 2011

Each person applying for a marriage license is encouraged to attend a premarital education course of at least eight hours during the year preceding the date of the application for the license.

A premarital education course must include instruction in:

  • conflict management;
  • communication skills; and
  • the key components of a successful marriage.

A course under this section should be offered by instructors trained in a skills based and research based marriage preparation curricula. The following individuals and organizations may provide courses:

  • marriage educators;
  • clergy or their designees;
  • licensed mental health professionals;
  • faith-based organizations;  and
  • community-based organizations.

The curricula of a premarital education course must meet the requirements of this section and provide the skills-based and research-based curricula of:

  • the United States Department of Health and Human Services healthy marriage initiative;
  • the National Healthy Marriage Resource Center;
  • criteria developed by the Health and Human Services Commission; or
  • other similar resources.

The Health and Human Services Commission shall maintain an Internet website on which individuals and organizations may electronically register with the commission to indicate the skills based and research-based curriculum in which the registrant is trained.

A person who provides a premarital education course shall provide a signed and dated completion certificate to each individual who completes the course.  The certificate must include the name of the course, the name of the course provider, and the completion date.

do not hesitate to call the San Antonio Attorneys at the law offices of Arthur G. Augustine at (210)338-8225 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

VIOLATION BY COUNTY CLERK

Saturday, June 11th, 2011

A county clerk or deputy county clerk who violates or fails to comply with this subchapter commits an offense.  An offense under this section is a misdemeanor punishable by a fine of not less than $200 and not more than $500.

do not hesitate to call the San Antonio Attorneys at the law offices of Arthur G. Augustine at (210)338-8225 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

EXECUTION OF MARRIAGE APPLICATION BY CLERK

Saturday, June 11th, 2011

The county clerk shall:

  • determine that all necessary information, other than the date of the marriage ceremony, the county in which the ceremony is conducted, and the name of the person who performs the ceremony, is recorded on the application and that all necessary documents are submitted;
  • administer the oath to each applicant appearing before the clerk;
  • have each applicant appearing before the clerk sign the application in the clerk’s presence;  and
  • execute the clerk’s certificate on the application.

A person appearing before the clerk on behalf of an absent applicant is not required to take the oath on behalf of the absent applicant.

do not hesitate to call the San Antonio Attorneys at the law offices of Arthur G. Augustine at (210)338-8225 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

WAIVER OF PROHIBITION AGAINST REMARRIAGE

Thursday, June 9th, 2011

For good cause shown the court may waive the prohibition against remarriage to either or both spouses if a record of the proceedings is made and preserved or if findings of fact and conclusions of law are filed by the court.

do not hesitate to call the San Antonio Attorneys at the law offices of Arthur G. Augustine at (210)338-8225 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

Marriage License

Tuesday, May 17th, 2011

A man and a woman desiring to enter into a ceremonial marriage must obtain a marriage licence from the county clerk of any county of this state.

A license may not be issued for the marriage of persons of the same sex.

do not hesitate to call the San Antonio Attorneys at the law offices of Arthur G. Augustine at (210)299-4777 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225