Sec. 1.101. EVERY MARRIAGE PRESUMED VALID. 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 into 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.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Notes of Decisions
Cited in
15
cases (
5 in the last 5 years), 2010–2024 · leading case:
In Re Mabray, 355 S.W.3d 16 (Tex. App. 2010).
In Re Mabray, 355 S.W.3d 16 (Tex. App. 2010).
· cites it 2× “TEX. FAM.CODE ANN. § 1.101 (Vernon 2006) (emphasis added).”
Fuentes v. Zaragoza, 555 S.W.3d 141 (Tex. App. 2018).
“101 ("[E]very 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."). The presumption applies to persons who were married outside the state of…”
State v. Johnson, 967 N.W.2d 242 (Neb. 2021).
· cites it 3× “See, also, Tex. Fam. Code Ann. § 1.101 (2006). 19 Christensen v.”
De Leon v. Perry, 975 F. Supp. 2d 632 (W.D. Tex. 2014).
“” Tex. Fam. Code Ann. § 1.101 (West 2013). Consis *661 tent with that presumption, “[t]he general rule is that a marriage valid where contracted is valid everywhere, and that one void where contracted is void everywhere.”
Est. of W. R. Durrill, 570 S.W.3d 945 (Tex. App. 2019).
· cites it 2× “TEX. FAM. CODE ANN. § 1.101 (West, Westlaw 2017 through 1st C.”
Zewde v. Abadi, 529 S.W.3d 189 (Tex. App. 2017).
“See Tex. Fam. Code § 1.101; In re Mabray, 355 S.”
Jenkins-Dyer v. Exxon Mobil Corp., 651 F. App'x 810 (10th Cir. 2016).
“Tex. Fam. Code Ann. § 1.101 . “It has long been the established law of Texas that a ceremonial marriage entered into in accordance with legal forms will raise the presumption .”
in the Est. of Thomas Trevino Araguz III, 443 S.W.3d 233 (Tex. App. 2014).
“”); but see Tex. Fam.Code Ann. § 1.101 (West 2006) (“[E]very 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.”
Guangcun Huang v. Linman Chang (Tex. App. 2021).
· cites it 2× ““[E]very 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.”
Jenkins-Dyer v. Drayton, 134 F. Supp. 3d 1339 (D. Kan. 2015).
· cites it 2× “Tex. Fam.Code Ann. § 1.101 ("[Ejvery 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”).”
Dmintry Nikolenko v. Luiza Nikolenko (Tex. App. 2022).
“See TEX. FAM. CODE § 1.101 (“[E]very marriage entered into in this state is presumed to be valid unless expressly 13 made void by Chapter 6 or unless expressly made voidable by Chapter 6 and annulled as provided by that chapter.”
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