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Texas Family Code - FAM § 6.202. Marriage During Existence of Prior Marriage

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A marriage is void if entered into when either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse.

(b) The later marriage that is void under this section becomes valid when the prior marriage is dissolved if, after the date of the dissolution, the parties have lived together as husband and wife and represented themselves to others as being married, unless a putative spouse:

(1) did not know that the later marriage was entered into when the other party had an existing marriage;

(2) has not lived together with the other party as spouses or represented himself or herself as married since the date the putative spouse knew the later marriage was entered into when the other party had an existing marriage;  and

(3) files a suit to declare the later marriage void not later than:

(A) the 30th day after the date the putative spouse knew that the later marriage was entered into when the other party had an existing marriage, unless the putative spouse is a person described by Paragraph (B);  or

(B) the 90th day after the date the putative spouse knew that the later marriage was entered into when the other party had an existing marriage, if the putative spouse:

(i) is serving on active duty as a member of the United States armed forces;

(ii) is a member of the Texas military forces, as defined by Section 437.001, Government Code, and:

(a) is actively deployed on federal orders outside the United States;  or

(b) is on state active duty performing emergency response activities for this state;  or

(iii) is in active service outside the United States as a foreign officer employed by the United States Department of State.

(c) Notwithstanding any other law or rule, if a putative spouse files a suit to declare the marriage void under Subsection (b)(3), a respondent spouse may file an answer on or before the 90th day after the date the respondent spouse is served if the respondent spouse:

(1) is serving on active duty as a member of the United States armed forces;

(2) is a member of the Texas military forces, as defined by Section 437.001, Government Code, and:

(A) is actively deployed on federal orders outside the United States;  or

(B) is on state active duty performing emergency response activities for this state;  or

(3) is in active service outside the United States as a foreign officer employed by the United States Department of State.

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Cite this article: FindLaw.com - Texas Family Code - FAM § 6.202. Marriage During Existence of Prior Marriage - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-6-202/

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