Texas Codes
Tex. Fam. Code § 6.307 (2026)
Jurisdiction To Declare Marriage Void
✓ current as of May 2026
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Sec. 6.307. JURISDICTION TO DECLARE MARRIAGE VOID. (a) Either party to a marriage made void by this chapter may sue to have the marriage declared void, or the court may declare the marriage void in a collateral proceeding.
(b) The court may declare a marriage void only if:
(1) the purported marriage was contracted in this state; or
(2) either party is domiciled in this state.
(c) A suit to have a marriage declared void is a suit in rem, affecting the status of the parties to the purported marriage.
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), 2010–2022 · leading case: in Re State of Texas, 466 S.W.3d 783 (Tex. 2015).
in Re State of Texas, 466 S.W.3d 783 (Tex. 2015). “They allow for the settlement of property disputes, the attachment of suits affecting the parent-child relationship (SAPCRs), and other legal process incidental to the dissolution of a purported marriage.”
In Re Marriage of JB & HB, 326 S.W.3d 654 (Tex. App. 2010). “]” Tex. Fam.Code Ann. § 6.307(a). Same-sex marriages are made void by “this chapter,” i.”
Juanita Matilde Martinez v. Haas-Anderson Constr., Ltd., HAC Equip., Ltd., Haas-Anderson Mgmt., L.C. & Eleno Cardona Jr. (Tex. App. 2021). “TEX. FAM. CODE ANN. § 6.307. If the statutory language is unambiguous, we will interpret the statute according to its plain meaning.”
Juanita Matilde Martinez v. Haas-Anderson Constr., Ltd., HAC Equip., Ltd., Haas-Anderson Mgmt., L.C. & Eleno Cardona Jr. (Tex. App. 2022). “TEX. FAM. CODE ANN. § 6.307. If the statutory language is unambiguous, we will interpret the statute according to its plain meaning.”
in Re Mark Athans (Tex. App. 2020). “Since at least 1877, the rule in Texas has been that “[w]hen, however, the judgment is not merely erroneous, but an absolute nullity, it can have no binding force or effect either in the tribunal in which it is rendered, or in any other in which 4Tex. Fam. Code Ann. § 6.307(a).…”
in the Est. of Claralyn Brooks Trickett (Tex. App. 2020). “Analysis Appellants argue that a court’s authority to declare a marriage void is solely founded in the Texas Family Code. See TEX. FAM. CODE ANN.”
Mark Edward Athans v. Charity Athans (Tex. App. 2022). “See Tex. Fam. Code Ann. § 6.307 . According to Mark’s petition, when he and Charity 1We note that this Court has dealt with the Athans’s divorce on two prior occasions, and neither case is relevant to the outcome in this appeal.”
— Tex. Fam. Code § 6.307(a) — 4 cases
In Re Marriage of JB & HB, 326 S.W.3d 654 (Tex. App. 2010). “]” Tex. Fam.Code Ann. § 6.307(a). Same-sex marriages are made void by “this chapter,” i.”
in Re Mark Athans (Tex. App. 2020). “Since at least 1877, the rule in Texas has been that “[w]hen, however, the judgment is not merely erroneous, but an absolute nullity, it can have no binding force or effect either in the tribunal in which it is rendered, or in any other in which 4Tex. Fam. Code Ann. § 6.307(a).…”
Juanita Matilde Martinez v. Haas-Anderson Constr., Ltd., HAC Equip., Ltd., Haas-Anderson Mgmt., L.C. & Eleno Cardona Jr. (Tex. App. 2021). “TEX. FAM. CODE ANN. § 6.307. If the statutory language is unambiguous, we will interpret the statute according to its plain meaning.”
Juanita Matilde Martinez v. Haas-Anderson Constr., Ltd., HAC Equip., Ltd., Haas-Anderson Mgmt., L.C. & Eleno Cardona Jr. (Tex. App. 2022). “TEX. FAM. CODE ANN. § 6.307. If the statutory language is unambiguous, we will interpret the statute according to its plain meaning.”
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