CHAPTER 1. GENERAL PROVISIONS
FAMILY CODE
TITLE 1. THE MARRIAGE RELATIONSHIP
SUBTITLE A. MARRIAGE
CHAPTER 1. GENERAL PROVISIONS
SUBCHAPTER A. DEFINITIONS
Sec. 1.001. APPLICABILITY OF DEFINITIONS. (a) The definitions
in this subchapter apply to this title.
(b) Except as provided by this subchapter, the definitions in
Chapter 101 apply to terms used in this title.
(c) If, in another part of this title, a term defined by this
subchapter has a meaning different from the meaning provided by
this subchapter, the meaning of that other provision prevails.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 1.002. COURT. "Court" means the district court, juvenile
court having the jurisdiction of a district court, or other court
expressly given jurisdiction of a suit under this title.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 1.003. SUIT FOR DISSOLUTION OF MARRIAGE. "Suit for
dissolution of a marriage" includes a suit for divorce or
annulment or to declare a marriage void.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
SUBCHAPTER B. PUBLIC POLICY
Sec. 1.101. EVERY MARRIAGE PRESUMED VALID. In order to promote
the public health and welfare and to provide the necessary
records, this code specifies detailed rules to be followed in
establishing the marriage relationship. However, in order to
provide stability for those entering into the marriage
relationship in good faith and to provide for an orderly
determination of parentage and security for the children of the
relationship, it is the policy of this state to preserve and
uphold each marriage against claims of invalidity unless a strong
reason exists for holding the marriage void or voidable.
Therefore, every 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.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 1.102. MOST RECENT MARRIAGE PRESUMED VALID. When two or
more marriages of a person to different spouses are alleged, the
most recent marriage is presumed to be valid as against each
marriage that precedes the most recent marriage until one who
asserts the validity of a prior marriage proves the validity of
the prior marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 1.103. PERSONS MARRIED ELSEWHERE. The law of this state
applies to persons married elsewhere who are domiciled in this
state.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 1.104. CAPACITY OF SPOUSE. Except as expressly provided by
statute or by the constitution, a person, regardless of age, who
has been married in accordance with the law of this state has the
capacity and power of an adult, including the capacity to
contract.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 1.105. JOINDER IN CIVIL SUITS. (a) A spouse may sue and
be sued without the joinder of the other spouse.
(b) When claims or liabilities are joint and several, the
spouses may be joined under the rules relating to joinder of
parties generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 1.106. CRIMINAL CONVERSATION NOT AUTHORIZED. A right of
action by one spouse against a third party for criminal
conversation is not authorized in this state.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 1.107. ALIENATION OF AFFECTION NOT AUTHORIZED. A right of
action by one spouse against a third party for alienation of
affection is not authorized in this state.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 1.108. PROMISE OR AGREEMENT MUST BE IN WRITING. A promise
or agreement made on consideration of marriage or nonmarital
conjugal cohabitation is not enforceable unless the promise or
agreement or a memorandum of the promise or agreement is in
writing and signed by the person obligated by the promise or
agreement.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.