Questions and Answers
A divorce filed on the grounds of insupportability can be supported by evidence that the couple has irreconcilable differences.
True
A suit for divorce may be maintained in this state if at the time the suit is filed, the Petitioner or the Respondent has been; (1) a domiciliary of this state for the preceding 6 month period; and (2) a resident of the county in which the suit is filed for the preceding 90 day period.
True
A suit for annulment may be maintained in this state only if the parties, one of whom is a Texas domiciliary, were married in this state.
False
A no fault divorce in which both parties have signed and approved the divorce decree can be granted by a judge without any evidence and without the court appearance of either party; the judge need merely sign, at his/her leisure, the approved decree.
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In a divorce case, a temporary restraining order under Title 1, Chapter 6, may be entered without notice to the other party, which excludes that other party from the residence where that party is living if the judge is convinced that family violence has occurred.
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Any marriage subject to annulment may be challenged in a proceeding after the death of either party.
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In order to establish their parental preference, if a child is 12 years of age or older, the child has the statutory right to file with the court, in a notarized writing, the name of the person who is their preference to have the right to designate their (the child's) primary residence.
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If a managing conservator is appointed, the court may appoint one or more possessory conservators.
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Joint managing conservatorship (JMC) does not require the award of exactly equal periods of possession and access to a child, but does require that the JMCs have the identical rights, duties, and privileges with regard to the child.
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In making a request for temporary orders pending appeal, which of the following statements is TRUE?
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A temporary restraining order (TRO) under Chapter 6 of the Family Code may be granted without an affidavit stating specific facts showing immediate and irreparable injury, loss, or damage will result before notice can be served; in addition, which of the following is true?
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In considering the appointment of a counselor for divorce parties by the court, which statement is FALSE?
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In a suit affecting the parent-child relationship, the court may exercise personal jurisdiction over a person if which of the following is true?
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An original suit affecting the parent-child relationship may NOT be filed by which of the following?
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In a Texas SAPCR, a jury may make a decision regarding which of the following?
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In Texas, a marriage is void if there is an illegality in obtaining a marriage license.
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What should be the outcome of the wrongful death action brought by Connor?
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In obtaining a Texas marriage license, applicants must confirm that they are not presently delinquent in the payment of court-ordered child support.
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An applicant will be denied a marriage license if they answer TRUE to the statement regarding child support delinquency.
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The only means by which the 72 hour waiting period for marriage can be waived is by court order or if one of the applicants is a member of the armed forces.
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A person authorized under the Texas Family Code is prohibited from discriminating against an applicant based on race, religion, or national origin, and there are no exceptions.
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Study Notes
Divorce and Annulment
- Divorce based on insupportability requires evidence of irreconcilable differences.
- A divorce suit may be maintained if either party has been a domiciliary in the state for 6 months and a resident of the filing county for 90 days.
- An annulment suit can be maintained only if at least one party is a Texas domiciliary, changing "AND" to "OR."
No-Fault Divorce and Temporary Restraining Orders
- No-fault divorces can be granted without evidence or court appearances if both parties agree.
- Temporary restraining orders (TRO) can require the exclusion of a party from a residence, but without notice a hearing is often necessary, except in specific protective orders.
Parental Rights and Conservatorship
- A child aged 12 or older cannot file for parental preference regarding primary residence in court.
- A managing conservator's appointment allows for one or more possessory conservators.
- Joint managing conservatorship does not require equal possession but must provide identical rights and duties.
Temporary Orders and Jurisdiction
- Temporary orders can be requested during an appeal; the trial court retains jurisdiction for 60 days after notice of appeal is filed.
- Personal jurisdiction can extend to non-residents in parent-child cases based on specific circumstances, including personal service and the child's residency.
Marriage and Family Law Definitions
- A marriage in Texas is void if entered during the existence of a prior marriage.
- A court-appointed counselor cannot testify in cases involving the parties or children, with some exceptions regarding confidentiality.
- Evidence for common law marriage requires agreement to marry, cohabitation, and representation of marriage to others, with a rebuttable presumption against the marriage if proceedings are not started within two years after separation.
Proof of Identity for Marriage License
- Acceptable proof of identity for obtaining a marriage license includes a birth certificate and a certified court order related to an applicant's sex change.
Cousins and Marriage Legality
- Texas prohibits marriage between first cousins, but marriages conducted in states where such unions are legal may not be deemed void in Texas.
- A wrongful death action can proceed despite cousin marriage, as Texas law does not retroactively invalidate the marriage.
Marriage License Application and Waiting Period
- Applicants for a Texas marriage license must affirm they are not delinquent in court-ordered child support; answering “true” will lead to denial of the license.
- The 72-hour waiting period for a marriage ceremony can only be waived by court order or if one applicant is an active-duty service member.
Non-Discrimination in Marriage License Issuance
- Individuals authorized under Texas Family Code cannot discriminate based on race, religion, or national origin; this policy applies without exceptions.
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