Texas Family Law - Bar Exam Questions With Complete Solutions

1. Declaration of Informal Marriage correct answer: Not a requirement for a common law marriage. Not an alternative to ceremonial marriage. Rather, permissable method of proving an already existing informal marraige. 2. What are impediments to common law marriage correct answer: Age - must be both over 18. Bigamy - 1 spouse rule. However, if this impediment is removed and the two continue in informal marriage, then valid. 3. If an action to prove common law marriage is not brought within ____________ years after the persons separate, then _________________________. correct answer: 2 years; it is presumed that the parties had not agreed to be married. 4. Do clergy and religious organizations have to participate in same sex marraiges? correct answer: No, not if it violates sincerely held religious beliefs. 5. May judges, county clerks, and other gov officials refuse to issue a same sex marriage license or marry such couples if it woud violate sincerely held religious beliefs? correct answer: yes, as long as the task can be delegated to another authorized and willing individual. 6. Is validity of marriage affected by fraud, mistake or illegality in obtaining the license? correct answer: No. Every marriage in Texas is considerd valid unless expressly made void or voidable by a statute.