Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE C. DISSOLUTION OF MARRIAGE · CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE
Texas Codes

Tex. Fam. Code § 6.108 (2026)

Mental Incapacity

✓ current as of May 2026
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Sec. 6.108. MENTAL INCAPACITY. (a) The court may grant an annulment of a marriage to a party to the marriage on the suit of the party or the party's guardian or next friend, if the court finds it to be in the party's best interest to be represented by a guardian or next friend, if:

(1) at the time of the marriage the petitioner did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect; and

(2) since the marriage ceremony, the petitioner has not voluntarily cohabited with the other party during a period when the petitioner possessed the mental capacity to recognize the marriage relationship.

(b) The court may grant an annulment of a marriage to a party to the marriage if:

(1) at the time of the marriage the other party did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect;

(2) at the time of the marriage the petitioner neither knew nor reasonably should have known of the mental disease or defect; and

(3) since the date the petitioner discovered or reasonably should have discovered the mental disease or defect, the petitioner has not voluntarily cohabited with the other party.

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

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2015–2025 · leading case: Senn v. State, 551 S.W.3d 172 (Tex. App. 2017).
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Senn v. State, 551 S.W.3d 172 (Tex. App. 2017). “See Tex. Fam. Code Ann. § 6.108 (West 2006) (stating that court may grant an annulment of a marriage to a party to the marriage if the other party did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental…”
Jenkins-Dyer v. Exxon Mobil Corp., 651 F. App'x 810 (10th Cir. 2016). “Tex. Fam. Code Ann. § 6.108 (a). Ms. Jenkins-Dyer does not claim she was Mr, Wood’s guardian or next friend and thus was without authority to challenge the marriage on this ground, even if she had done so before Mr.”
in the Matter of the Marriage of Charles Inness Thrash, an Incapacitated Adult. (Tex. App. 2020). · cites it 8× “2015) (per curiam), and we note its plain language gives the trial court discretion to grant an annulment of a marriage if it finds certain conditions, see TEX. FAM. CODE ANN. § 6.108; Kerckhoff v.”
In the Matter of the Marriage of Carlos Y. Benavides, Jr. & Leticia R. Benavides (Tex. 2025). · cites it 2× “108(a) (authorizing courts to grant an annulment “on the suit of the party or the party’s guardian or next friend, if the court finds it to be in the party’s best interest to be represented by a guardian or next friend” and makes additional findings).”
in the Guardianship of Charles Inness Thrash, an Incapacitated Person (Tex. App. 2021). “3d at 231; TEX. FAM. CODE ANN. § 6.108 (noting mental capacity required for valid marriage).”
Anna Marie Herzfeld Allebach v. Julie Elizabeth Schmidt Gollub (Tex. App. 2023). “See Tex. Fam. Code § 6.108 (providing that mental incapacity is a ground for annulment).”
Jenkins-Dyer v. Drayton, 134 F. Supp. 3d 1339 (D. Kan. 2015). “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”).”
— Tex. Fam. Code § 6.108(a) — 2 cases
In the Matter of the Marriage of Carlos Y. Benavides, Jr. & Leticia R. Benavides (Tex. 2025). “108(a) (authorizing courts to grant an annulment “on the suit of the party or the party’s guardian or next friend, if the court finds it to be in the party’s best interest to be represented by a guardian or next friend” and makes additional findings).”
in the Matter of the Marriage of Charles Inness Thrash, an Incapacitated Adult. (Tex. App. 2020). “2015) (per curiam), and we note its plain language gives the trial court discretion to grant an annulment of a marriage if it finds certain conditions, see TEX. FAM. CODE ANN. § 6.108; Kerckhoff v.”
— Tex. Fam. Code § 6.108(a)(1) — 1 case
in the Matter of the Marriage of Charles Inness Thrash, an Incapacitated Adult. (Tex. App. 2020). “2015) (per curiam), and we note its plain language gives the trial court discretion to grant an annulment of a marriage if it finds certain conditions, see TEX. FAM. CODE ANN. § 6.108; Kerckhoff v.”
— Tex. Fam. Code § 6.108(a)(2) — 1 case
in the Matter of the Marriage of Charles Inness Thrash, an Incapacitated Adult. (Tex. App. 2020). “2015) (per curiam), and we note its plain language gives the trial court discretion to grant an annulment of a marriage if it finds certain conditions, see TEX. FAM. CODE ANN. § 6.108; Kerckhoff v.”
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