Tex. Fam. Code § 6.108 · Subchapter B. GROUNDS FOR ANNULMENT
MENTAL INCAPACITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
- Text hash
- sha256 9aaa975dfcf356210c58bc4bad7b2157487b30fb2c3002a35f744b1383ef8114
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
Provisions in this library whose text cites Tex. Fam. Code § 6.108. Each shows the citation as that text prints it.
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