This isn’t about divorce but it certainly is about marriage as a contract. Last month the Williamson County clerk’s office ran out of marriage licenses on the 26th of August and informed the people of their county that there would no licenses issues until the following month on the 22nd of September. People in the county were told to go to another county to have the license issued. There is the romantic side of marriage and the legal side. Those of us in family law are forced to see the legal side of it daily.
Marriage is a contract. Now, people will argue that it’s a sacrament. Others will say that it’s a outward sign of a romantic bond. They’re allowed to have those opinions, but historically it was a contract. Marriage was a contract between two families originally that grew into a contract between two persons. This contract without a prenuptial agreement is a contract that states that both parties wholly own and share property and children. The license establishes your ability to enter into that contract. Once signed, it becomes official.
The mechanics of marriage are long forgotten until a divorce comes or someone dies then that contract is revisited in order to appropriate funds or property, as well as, decide upon custody of children.
On the flip side, Texas seems to be an easy state to complete a divorce. There are even options to file for a divorce in Texas online. Marriage or divorce, Texas still might be the place to be.