Attorneys have a hard time turning off their “inner lawyer” even when just watching T.V. For example, I love the show Grey’s Anatomy, but even though there is no lawyering on screen, I watch it thinking about the legal ramifications of the characters are doing. Here are three great examples:
Derek and Meredith’s Post-it Marriage. Two doctors on the show decide to write out their wedding vows on a sticky note, rather than going through the drama and pageantry of a wedding. Would this, in Texas, count as a common law marriage? Probably yes! To qualify as a common law marriage in Texas, you have to have 3 things:
You have to live together – Check! They’ve been shacked up for quite a while now.You have to have an agreement to be married – Check! That post-it is evidence of the agreement.You have to hold yourselves out as husband and wife – Check! Since the post-it they have been referring to each other in front of everyone in the hospital as “my wife” or “my husband”.
2. Callie and Arizona’s Same-Sex Marriage. If you tuned in last week, you saw two female doctors have a wedding ceremony, officiated by another doctor. Would this be a legal marriage in Texas? No – for two reasons. At this time, Texas law will not recognize a same-sex marriage; and The doctor who performed the marriage ceremony was not a religious official or judge, and was therefore not a person authorized to officiate a wedding. Now – keep in mind, if it weren’t for reason above, this couple could still potentially be common law married. Just because the officiant is not authorized to perform marriages, doesn’t automatically make the marriage void.
3. Callie’s Baby with Dr. McSteamy. Before her wedding to Arizona, Callie got pregnant and had a baby by Dr. McSteamy. This creates an interesting parenting triangle. You have the biological mother and her same-sex life partner on one side, and the biological father on the other. Who has parental rights to the baby? Under Texas law, it would probably just be the two biological parents – meaning that even if Arizona had raised the child as her own for most of the child’s life, if she and Callie break up, she could forever be denied any access to the child. What could Arizona do about this? Well, if four things happened, Arizona could adopt her. Dr. McSteamy would agree to terminate his rights as father; andThe child was at least 2 years old; andThe child had been in Arizona’s actual possession and care for six months prior to the adoption; and Callie consents to the adoption.Reality can be more even more complicated than fiction.
Got family law questions based on your real life? Call The Wright Firm at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!
Recent Comments