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 § 6.704 (2026)

Testimony Of Husband Or Wife

✓ current as of May 2026
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Sec. 6.704. TESTIMONY OF HUSBAND OR WIFE. (a) In a suit for dissolution of a marriage, the husband and wife are competent witnesses for and against each other. A spouse may not be compelled to testify as to a matter that will incriminate the spouse.

(b) If the husband or wife testifies, the court or jury trying the case shall determine the credibility of the witness and the weight to be given the witness's testimony.

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

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2008–2026 · leading case: Newberry v. Newberry, 351 S.W.3d 552 (Tex. App. 2011).
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Newberry v. Newberry, 351 S.W.3d 552 (Tex. App. 2011). “See Tex.Fam.Code Ann. § 6.704(b) (West 2006); see Morrison, 713 S.”
in the Interest of Ja.D.Y. & Ju.D.Y., Child. (Tex. App. 2018). “TEX. FAM. CODE ANN. § 6.704 (West 2006). If the husband or wife testifies, the court trying the case shall determine the credibility of the witness and the weight to be given to the witness’s testimony.”
Vivek Veagandula v. Sree Rekha Vedullapalli (Tex. App. 2024). “TEX. FAM. CODE § 6.704(b). Further, the factfinder is “not “compelled to believe uncontroverted testimony that is suspicious or that comes from an interested or biased source.”
In the Matter of the Marriage of Carlos Woolf & Maria Cristina Woolf v. the State of Texas (Tex. App. 2024). “TEX. FAM. CODE ANN. § 6.704(b). The trial court may consider all the facts and surrounding circumstances in connection with the testimony of each witness and accept or reject all or part of that testimony.”
Falah Algaissi v. Taima Abu Qamer (2026). “” Tex. Fam. Code § 6.704. When there is conflicting evidence presented at trial, it is the province of the factfinder to resolve such conflicts.”
Barbara Greco v. Louis F. Greco, Jr. (Tex. App. 2008). “See TEX. FAM. CODE ANN. § 6.704(b) (Vernon 2006).”
— Tex. Fam. Code § 6.704(b) — 4 cases
Newberry v. Newberry, 351 S.W.3d 552 (Tex. App. 2011). “See Tex.Fam.Code Ann. § 6.704(b) (West 2006); see Morrison, 713 S.”
Vivek Veagandula v. Sree Rekha Vedullapalli (Tex. App. 2024). “TEX. FAM. CODE § 6.704(b). Further, the factfinder is “not “compelled to believe uncontroverted testimony that is suspicious or that comes from an interested or biased source.”
In the Matter of the Marriage of Carlos Woolf & Maria Cristina Woolf v. the State of Texas (Tex. App. 2024). “TEX. FAM. CODE ANN. § 6.704(b). The trial court may consider all the facts and surrounding circumstances in connection with the testimony of each witness and accept or reject all or part of that testimony.”
Barbara Greco v. Louis F. Greco, Jr. (Tex. App. 2008). “See TEX. FAM. CODE ANN. § 6.704(b) (Vernon 2006).”
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