What Makes a Marriage Void in Texas?

A void marriage is one Texas law never recognized in the first place. Unlike a voidable marriage, it does not need to be annulled to be invalid — but you usually still want a court order saying so, because banks, insurers, and probate courts will ask.

Which Marriages Are Void

  • Consanguinity (§ 6.201) — marriage to an ancestor or descendant, a sibling or half-sibling, an aunt or uncle, or a niece or nephew.
  • Bigamy (§ 6.202) — a marriage entered while either party is married to someone else.
  • Marriage to a minor (§ 6.205) — a marriage is void if either party is under 18, unless the minor’s disabilities of minority have been removed by court order.
  • Current or former stepchild or stepparent (§ 6.206).

The Bigamy Exception

Section 6.202 contains an important saving provision. A bigamous marriage becomes valid when the earlier marriage is dissolved, if after that date the parties lived together as spouses and represented themselves to others as married. In practice this rescues many marriages where a prior divorce was not final on the wedding date.

Putative Spouses and Property

A spouse who married in good faith, not knowing of the impediment, is called a putative spouse. Texas courts protect putative spouses by treating property acquired during the purported marriage much as community property would be treated, so an innocent spouse is not simply left with nothing.

Getting a Court Order

Even though a void marriage is invalid on its own, a suit to declare it void gives you an enforceable order and lets the court divide property, address a name change, and resolve related claims. Jurisdiction over these suits is governed by § 6.307: the court may declare a marriage void only if the purported marriage was contracted in Texas or either party is domiciled here, and the suit is one in rem, affecting the status of the parties. No 60-day waiting period applies. Where children are involved, the paternity presumption and parental rights are handled in the same proceeding.

A Note on Section 6.204

Chapter 6 still contains § 6.204, Recognition of Same-Sex Marriage or Civil Union, which purported to make same-sex marriages and civil unions void. That provision is unenforceable following Obergefell v. Hodges, and Texas courts grant divorces to same-sex spouses on the same terms as anyone else. See our page on same-sex divorce.

Frequently Asked Questions

Do I need to file anything if my marriage is void?

Technically the marriage was never valid, but a court order declaring it void is usually worth obtaining so that property, benefits, and records can be sorted out.

What happens if my spouse was still married to someone else?

The later marriage is generally void, but Texas law can validate it if the prior marriage ended and the parties then lived together and held themselves out as married.

Can I recover property from a void marriage?

Often yes. A spouse who married in good faith may be treated as a putative spouse, and Texas courts divide property acquired during the purported marriage accordingly.

Texas Statutes Referenced

Related Pages

Talk With a Texas Divorce Attorney

Sort out an invalid marriage cleanly, with an order you can actually use. Call 713-955-6182 or contact The De Leon Law Firm.