Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE A. MARRIAGE · CHAPTER 1. GENERAL PROVISIONS
Texas Codes

Tex. Fam. Code § 1.102 (2026)

Most Recent Marriage Presumed Valid

✓ current as of May 2026
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Sec. 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.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Notes of Decisions
Cited in 16 cases, 1998–2018 · leading case: In Re Est. of Loveless, 64 S.W.3d 564 (Tex. App. 2001).
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In Re Est. of Loveless, 64 S.W.3d 564 (Tex. App. 2001). “When two or more marriages of a person to different spouses are alleged, the most recent marriage is presumed to be valid against each marriage that precedes it, until one who asserts the validity of a *574 previous marriage proves its validity.”
Phillips v. the Dow Chem. Co., 186 S.W.3d 121 (Tex. App. 2005). ““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 marriageTex. Fam.Code Ann. § 1.102 (Vernon 1998).”
Adeleye v. Driscal (In re Adeleye), 544 S.W.3d 467 (Tex. App. 2018). “" Tex. Fam. Code § 1.102. Therefore, Adeleye, as the proponent of the prior marriage to James, had the burden of proving the validity of that marriage.”
Bailey-Mason v. Mason, 122 S.W.3d 894 (Tex. App. 2004). “When, as here, two or more marriages of a person to different spouses are alleged, the most recent marriage is presumed to be valid against each marriage that precedes it, until one who asserts the validity of a previous marriage proves its validity.”
Zewde v. Abadi, 529 S.W.3d 189 (Tex. App. 2017). “See Tex. Fam. Code § 1.102. Accordingly, Kidane had the burden of proof to establish that his marriage to Abadi was invalid.”
in the Interest of J.A.F., M.F., D.F., & N.F., Minor Child. (Tex. App. 2016). · cites it 3× “See Tex. Fam. Code Ann. §§ 1.102 , 2.401 (West 2006).”
Patricia Romano v. NEWELL RECYCLING OF SAN ANTONIO, LP & Sara Guerrero (Tex. App. 2008). · cites it 3× “See Tex. Fam. Code Ann. §§ 1.102 , 2.401(b) (Vernon 2006).”
in Re: Roger Arash Farahmand (Tex. App. 2015). · cites it 2× “1981) and Tex. Fam. Code §1.102. As Petitioner is the party attacking the validity of the most recent marriage, Petitioner has the burden of proving a valid prior marriage.”
Joseph L. Salone v. Diana Lee Olague (Tex. App. 1998). · cites it 2× “102 of the Texas Family Code provides that "[w]hen 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…”
Mary Ayala v. Margo Valderas (Tex. App. 2008). “; see also Tex. Fam. Code Ann. § 1.102 ; Estate of Claveria v.”
Mary Ayala v. Margo Valderas (Tex. App. 2008). “; see also Tex. Fam. Code Ann. § 1.102 ; Estate of Claveria v.”
in the Est. of James Donald Loveless (Tex. App. 2001). “When two or more marriages of a person to different spouses are alleged, the most recent marriage is presumed to be valid against each marriage that precedes it, until one who asserts the validity of a previous marriage proves its validity.”
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