| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | |
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| 6 | 8 | | |
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| 7 | 9 | | A BILL TO BE ENTITLED |
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| 8 | 10 | | AN ACT |
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| 9 | 11 | | relating to certain void marriages. |
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| 10 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 13 | | SECTION 1. Section 6.202(b), Family Code, is amended to |
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| 12 | 14 | | read as follows: |
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| 13 | 15 | | (b) The later marriage that is void under this section |
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| 14 | 16 | | becomes valid when the prior marriage is dissolved if, after the |
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| 15 | 17 | | date of the dissolution, the parties have lived together as husband |
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| 16 | 18 | | and wife and represented themselves to others as being married, |
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| 17 | 19 | | unless a putative spouse: |
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| 18 | 20 | | (1) did not know that the later marriage was entered |
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| 19 | 21 | | into when the other party had an existing marriage; |
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| 20 | 22 | | (2) has not lived together with the other party as |
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| 21 | 23 | | spouses or represented himself or herself as married since the date |
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| 22 | 24 | | the putative spouse knew the later marriage was entered into when |
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| 23 | 25 | | the other party had an existing marriage; and |
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| 24 | 26 | | (3) files a suit to declare the later marriage void not |
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| 25 | 27 | | later than the 30th day after the date the putative spouse knew that |
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| 26 | 28 | | the later marriage was entered into when the other party had an |
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| 27 | 29 | | existing marriage. |
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| 28 | 30 | | SECTION 2. Chapter 9, Family Code, is amended by adding |
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| 29 | 31 | | Subchapter E to read as follows: |
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| 30 | 32 | | SUBCHAPTER E. DECLARING A DECREE VOID |
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| 31 | 33 | | Sec. 9.401. LACK OF JURISDICTION. (a) A decree of divorce |
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| 32 | 34 | | or annulment is void if the court rendering the decree lacked |
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| 33 | 35 | | jurisdiction at the time the decree was rendered. |
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| 34 | 36 | | (b) A putative spouse may file a suit to declare a decree of |
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| 35 | 37 | | divorce or annulment void under Subsection (a). |
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| 36 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 42 | | Act takes effect September 1, 2025. |
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