DEAR JEFF: My bedmate was affiliated previously. When he got a divorce, he had not been a citizen of the canton in which the annulment was granted. Is he accurately divorced, and am I accurately affiliated to him? Thanks, “Married or Not?”
Dear “Married or Not”: The Texas Family Code requires that, afore filing a annulment petition, one of the parties charge accept been a citizen of Texas for at atomic six months, and a citizen of the canton in which the address is filed for at atomic the above-mentioned 90-day period.
However, these address requirements are not jurisdictional. Instead, Texas case law has captivated that this address claim establishes the minimum abilities of the appellant and acknowledging that are all-important in adjustment to accompany a suit.
Since the requirements are not authoritative (in added words, the cloister still has administration alike if incorrect admonition was given), a acumen based on incorrect affidavit is not abandoned and accountable to a accessory attack. Instead, the acumen is voidable by one of the parties to it, and can alone be attacked by absolute address or an injunction.
In added words, bold the borderline for address has passed, and your husband’s ex-wife has not challenged the divorce, you can accept that your bedmate is divorced, and you are accurately married.
DEAR JEFF: Is it permissible in Texas for an developed to be adopted? Signed, “Just Curious”.
Dear “Curious”: Yes, it is altogether adequate for an developed to be adopted by accession developed in Texas. The developed who is actuality adopted charge accord in autograph to the adoption.
The acknowledged aftereffect is that the adopted developed is the son or babe of the adoptive parents for all purposes, the aforementioned as a biological child. In addition, the adopted developed can accede through the adoptive parents, as able-bodied as through his or her biological parents.
The acceptance does cut off the appropriate of the biological parents to accede from the adopted adult.
Jeffrey Bates is accountant to convenance law in the State of Texas, but is not lath certified in any breadth of specialty by the Texas Lath of Acknowledged Specialization.
This cavalcade is meant for accepted admonition and educational purposes only, and neither this cavalcade nor the assignment of a acknowledged catechism via email constitutes the conception of an attorney/client accord amid the clairvoyant and Jeffrey Bates and/or Southern Newspapers Inc. For specific admonition apropos acknowledged affairs affecting you, argue an attorney.
To abide a question, accelerate it via email to JeffreyPBates@aol.com, or via approved mail to Ask the Lawyer, 101 S. First St., Lufkin 75901, or alarm 639-2900.
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