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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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I was married and got divorced last year in Texas. For family

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I was married and got divorced last year in Texas. For family reasons I was not able to tell anyone about my marriage. I might get marry again in California next year, I would like to know if I have to mention that I was married before when I get the marriage license, is it illegal not to mention it?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

It's not illegal not to mention it, although it's possiblethat the marriage (if your spouse finds out about it) could have the marriage annulled. Marriages and partnerships can be declared invalid because of:


 



  • Age at the time of marriage or domestic partnership: the party filing for the annulment was under 18 years old at the time of the marriage or domestic partnership.

     



  • Prior existing marriage or domestic partnership: Either party was already legally married or in a registered domestic partnership. This is different from bigamy (which is automatically illegal) because, in this case, the marriage or domestic partnership took place after the former spouse or domestic partner was absent for 5 years and not known to be living or generally thought to be dead.

     



  • Unsound mind: either party was of “unsound mind” or unable to understand the nature of the marriage or domestic partnership, including the obligations that come with it.

     



  • Fraud: Either party got married or registered the domestic partnership as a result of fraud. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership. Some examples are marrying only to get a green card or hiding the inability to have children.



  • Force: either party consented to getting married or filing a domestic partnership as a result of force.

     



  • Physical incapacity: the parties got married or registered a domestic partnership while 1 of them was “physically incapacitated” (basically, it means that 1 of the spouses or partners was physically incapable of “consummating” the relationship) and the incapacity continues and appears to be “incurable.

ScottyMacEsq :

If it's material that you were not married before, or there's a strong inference as to that fact, it's possible that an annulment could be sought.

ScottyMacEsq :

It's not illegal to not mention it, but it's possible that there could still be ramifications.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Thank you for your answer, I would like to know one more thing please.

Customer:

I noticed that anyone can search my records just by googling my name, they will be able to know if I was married or not, is it legal for the state to have my record available for everyone, is there anyway that I can be sure that these information not available online by the state of texas?

ScottyMacEsq :

While there IS a way, it's very difficult. That is, these are public records, and the general policy is that court proceedings and records are public. Only if there is good cause to "seal" them would that be something that could be made private.

ScottyMacEsq :

And even in that situation, records already in the hands of private companies would not be collected.

ScottyMacEsq :

(that is, not made private)

ScottyMacEsq :

The only thing that sealing does is seal the public records from the date of sealing onward.

ScottyMacEsq :

Further, you would really need to show some very compelling reason for privacy (such as trying to avoid an abusive ex spouse, etc...). Keeping information from a new spouse / friends / etc... would not be a compelling enough reason.

Customer:

Thank you

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

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