Converse, TX asked in Family Law, Criminal Law and Juvenile Law for Texas

Q: I'm 24 & my wife is 17 can she leave his mom house if we are legally married?

We get legally married by the state of Nebraska, & we was waiting until we have the wedding party to she leave we me, but because a fight between her & his mom she wants to leave now, can we do it?

2 Lawyer Answers
Matthew Valley
Matthew Valley
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Assuming your marriage in Nebraska is a legal marriage under the laws of Texas, the Section 1.104 of the Texas Family Code provides that:

Except as expressly provided by statute or by the constitution, a person, regardless of age, who has been married in accordance with the law of this state has the capacity and power of an adult, including the capacity to contract.

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I.e. The answer is "yes" as, assuming a valid marriage, your wife is viewed as being emancipated so her mom can't control her the way she could control an unemancipated 17 year old child of hers.

Paul Looney
Paul Looney
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Go! Do what you want. Listening to and being controlled by mom or dad ended when you got married. For future reference: In this State if you are married, you are and ADULT under the law. Good luck to your and your bride.

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