What is the Law if a Person is Married to Two People in Texas?

The second marriage is presumed to be the only valid marriage, if a person is married to two people in Texas.  However, a person can overcome this presumption that the most recent marriage is the valid one by proving that the first marriage is valid.

In other words, if you are married to two people, and you never bring the issue to court, then the Texas law is that you can assume your most recent marriage is the valid marriage, and that the first marriage is invalid.

Source of Law: Texas Family Code § 1.102

“MOST RECENT MARRIAGE PRESUMED VALID.  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.” Texas Family Code § 1.102

Megan Victoria Cook

Megan Victoria Cook

Texas Divorce Lawyer & Managing Partner of Cook & Cook

I would be honored to talk to you about your divorce needs in Texas. My telephone consultations are free. Call today (210) 271-2800.