Is my marriage valid?

As a divorce attorney answering these type of questions, we emphasize that the Texas Family Code in Section 1.101 states that in order to promote the public health and welfare and to provide the necessary records, this code specifies detailed rules to be followed in establishing the marriage relationship.


However, in order to provide stability for those entering in to the marriage relationship in good faith and to provide for an orderly determination of parentage and security for the children of the relationship, it is the policy of this state to preserve and uphold each marriage against claims of invalidity unless a strong reason exists for holding the marriage void or voidable. Therefore, every marriage entered into in this state is presumed to be valid unless expressly made void by Chapter 6 or unless expressly made voidable by Chapter 6 and annulled as provided by that chapter.


Clients can visit my website at to search for questions regarding the validity of their marriage.  The Barbosa Law Firm, P. C.  will always advise our clients that under Texas law, the general rule is that a marriage valid where contracted is valid everywhere and that one void where contracted is void everywhere.   The validity of the marriage is generally determined by the law of the place where it is celebrated.


The Barbosa Family Law, P. C. office in Dallas, Texas regularly gets contacts from individuals who were married in another country and have resided in Texas for many years.   As a divorce attorney in Dallas, Texas,  we assure them that their marriage is also valid here in Texas.  And, when they inquire about a divorce attorney dissolving their marriage,  the Barbosa Law Firm, P. C. will assure them that a dissolution of the marital relationship can legally be pursued if they meet the residency and jurisdictional requirements in the Texas Family Code.  Even if the marital relationship is based on a common-law marriage if legally existing, it, like any other marriage, may be terminated only by death or court decree.  The spouse’s subsequent denials of a common-law marriage do not undo the marital relationship.  We encourage parties to visit to read other articles related to a Texas Common-Law marriage.


I am not certain I am divorced from my previous spouse?


Again,  at Barbosa Family Law, P. C., as a divorce attorney, parties will contact our law office and inquire at to whether they are still married when they do not know if their previous spouse divorced them.  As a divorce attorney, they are told that “when two or more marriages of a person to different spouses are alleged, the most recent marriage is presumed to be valid as against each marriage that precedes the most recent marriage until one who asserts the validity of a prior marriage proves the validity of the prior marriage”.


Divorce attorneys must remember that to rebut the presumption of validity, a party must prove that a marriage is either void or voidable as provided by the Texas Family Code chapter 6, Suit for Dissolution of the Marriage.  Typically, the ground alleged for rebutting the presumption of a valid marriage is that the petitioner is currently married to another person and that the earlier marriage has not been dissolved.


In Texas law, a divorce attorney will tell a party that the strength of the presumption that the most recent marriage is valid increases with the lapse of time, acknowledgments by the parties to the marriage, and the birth of children.  When the validity of the most recent marriage is challenged on the basis of a prior marriage, the burden of proof is on the party challenging the most recent marriage to prove the validity of the prior marriage and its continuing validity.


What if I was married in another country?


A divorce attorney at the Barbosa Law Firm, P. C. in Dallas, Texas will advise their clients that if you are residing in Texas and were married in another country,  the laws of Texas apply to persons that were married elsewhere, but, are residing in this state for the required time to meet the residency requirements which are usually 6 months.


What is I am getting sued?


A spouse in Texas may sue and be sued without the joinder of the other spouse.  When claims or liabilities are joint and several, the spouses may be joined under the rules related to joinder of parties generally.   However, neither spouse may virtually represent the other spouse in a lawsuit.  If one spouse consents to have the other to represent him or her,  under Texas Family Code, Section 3.102(c) permits that arrangement, provided the consenting spouse authorizes that representation by a power of attorney or other agreement in writing.


As a divorce attorney with the Barbosa Law Firm, P. C. we are confronting questions about the validity of marriage on a regular basis.  The best advice as a divorce attorney, is to consult in person with a divorce attorney without delay regarding any issues related to a valid marriage.  Please go to our website: divorceattorneydallas. pro.