Texas Codes
Tex. Fam. Code § 6.109 (2026)
Concealed Divorce
✓ current as of May 2026
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Sec. 6.109. CONCEALED DIVORCE. (a) The court may grant an annulment of a marriage to a party to the marriage if:
(1) the other party was divorced from a third party within the 30-day period preceding the date of the marriage ceremony;
(2) at the time of the marriage ceremony the petitioner did not know, and a reasonably prudent person would not have known, of the divorce; and
(3) since the petitioner discovered or a reasonably prudent person would have discovered the fact of the divorce, the petitioner has not voluntarily cohabited with the other party.
(b) A suit may not be brought under this section after the first anniversary of the date of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2009–2021 · leading case: Leax v. Leax, 305 S.W.3d 22 (Tex. App. 2009).
Leax v. Leax, 305 S.W.3d 22 (Tex. App. 2009). “See Tex. Fam.Code Ann. § 6.109 (Vernon 2006).”
in Re Academy, Ltd. D/B/A Academy Sports + Outdoors (Tex. 2021). “, TEX. FAM. CODE § 6.109(b) (“A suit may not be brought under this section after the first anniversary of the date of the marriage.”
William Robert Lindsley v. Lisa Whitman Lindsley (Tenn. Ct. App. 2012). “To keep this from being a purely academic question, the plaintiff suggests that the Texas statute of limitations for declaring a marriage void is one year from the date of the marriage, citing, Tex. Fam. Code Ann. § 6.109 (b). Presumably, if we agreed with the plaintiff that the…”
Elaine Leax v. Robert W. Leax (Tex. App. 2009). “See Tex. Fam. Code Ann. § 6.109 (Vernon 2006).”
— Tex. Fam. Code § 6.109(b) — 1 case
in Re Academy, Ltd. D/B/A Academy Sports + Outdoors (Tex. 2021). “, TEX. FAM. CODE § 6.109(b) (“A suit may not be brought under this section after the first anniversary of the date of the marriage.”
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