Tex. Fam. Code § 6.201-6.206

TEXAS FAMILY CODE Chapter 6, Subchapter C — DECLARING A MARRIAGE VOID CHAPTER 6 • SUIT FOR DISSOLUTION OF MARRIAGE Subchapter C: DECLARING A MARRIAGE VOID Sec. 6.201. CONSANGUINITY. A marriage is void if one party to the marriage is related to the other as: (1) an ancestor or descendant, by blood or adoption; (2) a brother or sister, of the whole or half blood or by adoption; (3) a parent's brother or sister, of the whole or half blood or by adoption; or (4) a son or daughter of a brother or sister, of the whole or half blood or by adoption. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Sec. 6.202. MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE. (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 riage, 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. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by: Acts 2025, 89th Leg., R.S., Ch. 735 (H.B. 2240), Sec. 1, eff. June 20, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 6, Subchapter C — DECLARING A MARRIAGE VOID Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a marriage that would have been void under Section 6.201, a marriage that was entered Chapter 6, Subchapter C — DECLARING A MARRIAGE VOID Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a marriage that would have been void under Section 6.201, a marriage that was entered into before January 1, 1970, in violation of the prohibitions of Article 496, Penal Code of Texas, 1925, is validated from the date the marriage commenced if the parties continued until January 1, 1970, to live together as husband and wife and to represent themselves to others as being married. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Sec. 6.204. RECOGNITION OF SAME-SEX MARRIAGE OR CIVIL UNION. (a) In this section, "civil union" means any relationship status other than marriage that: (1) is intended as an alternative to marriage or applies primarily to cohabitating persons; and (2) grants to the parties of the relationship legal protections, benefits, or responsibilities granted to the spouses of a marriage. (b) A marriage between persons of the same sex or a civil union is contrary to the public policy of this state and is void in this state. (c) The state or an agency or political subdivision of the state may not give effect to a: (1) public act, record, or judicial proceeding that creates, recognizes, or validates a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction; or (2) right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction. Added by Acts 2003, 78th Leg., ch. 124, Sec. 1, eff. Sept. 1, 2003. Sec. 6.205. MARRIAGE TO MINOR. A marriage is void if either party to the marriage is younger than 18 years of age, unless a court order removing the disabilities of minority of the party for general purposes has been obtained in this state or in another state. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.17, eff. September 1, 2 ng the disabilities of minority of the party for general purposes has been obtained in this state or in another state. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.17, eff. September 1, 2005. Amended by: Acts 2007, 80th Leg., R.S., Ch. 52 (S.B. 432), Sec. 6, eff. September 1, 2007. Acts 2017, 85th Leg., R.S., Ch. 934 (S.B. 1705), Sec. 5, eff. September 1, 2017. Sec. 6.206. MARRIAGE TO STEPCHILD OR STEPPARENT. A marriage is void if a party is a current or former stepchild or stepparent of the other party. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.17, eff. September 1, 2005. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2