Issue: WHETHER A MARRIAGE MUST BE UPHELD IF IT WAS VALID WHERE CELEBRATED AND WAS, POSSIBLY, VOIDABLE UNDER WISCONSIN LAW.
| Area of Law: | Family Law |
| Keywords: | Marriage; Valid where solemnized |
| Jurisdiction: | Wisconsin |
| Cited Cases: | 151 N.W.2d 53; 92 Wis. 2d 645; 292 U.S. 216; 35 Wis. 2d 401 |
| Cited Statutes: | Tex. Fam. Code Ann. § 1.101; cf. Wis. Stat § 765.001(2); Tex. Fam. Code Ann. § 6.111; Wis. Stat. § 767.03; § 765.24 |
| Date: | 01/01/2001 |
It has long been settled that a marriage that is valid in the state where it was solemnized will be recognized as valid everywhere. See TA s "Loughran v. Loughran, 292 U.S. 216, 223, 54 S. Ct. 6" c 1 l "Loughran v. Loughran, 292 U.S. 216, 54 S. Ct. 684, 78 L.Ed. 1219 (1934)"Loughran v. Loughran, 292 U.S. 216, 223, 54 S. Ct. 684, 687, 78 L.Ed. 1219 (1934). The mere statutory prohibition by the state of the domicile either generally of the remarriage of a divorced person, or of remarriage within a prescribed period after the entry of the decree, is given only territorial effect. TA s "Loughran v. Loughran, 292 U.S. 216, 223, 54 S. Ct. 6" c 1Id. at 223, 54 S. Ct. at 687. Thus, a marriage which was solemnized in Texas, must be judged according to Texas law. See TA s "Loughran v. Loughran, 292 U.S. 216, 223, 54 S. Ct. 6" c 1id. at 222, 54 S. Ct. at 687.
It is the public policy of Texas "to preserve and uphold each marriage against claims of invalidity unless a strong reason exists for holding the marriage void or voidable." TA s "Tex. Fam. Code Ann. § 1.101" c 2 l "Tex. Fam. Code Ann. § 1.101"Tex. Fam. Code Ann. § 1.101; cf. TA s "Wis. Stat § ?????" c 2 l "Wis. Stat § ????? (Westlaw 2000)"Wis. Stat § 765.001(2). Finally, Texas law, like Wisconsin law, provides that a marriage may not […]