pjc-family-2024-lib

PJC 201.3

D ISSOLUTION OF M ARRIAGE

PJC 201.3 Void Marriage A marriage is void if entered into when either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse. However, the marriage becomes valid when the prior marriage is dissolved or terminated if, after the date of the dissolution or termination, the parties have lived together as spouses and represented them selves to others as being married . QUESTION 1 Is the marriage void? Answer “Yes” or “No.” Answer: _______________ COMMENT Source. The foregoing submission is based on Tex. Fam. Code §§6.201–.202, 6.205–.206. In the instruction, the phrase “as spouses” is used in place of the phrase “as husband and wife” that appears in Tex. Fam. Code §6.202; the substitution is based on the ruling of the Supreme Court of the United States in Obergefell v. Hodges , 576 U.S. 644 (2015). Rewording for other grounds. The instruction given above as an example is based on Tex. Fam. Code §6.202. If appropriate, an instruction based on Tex. Fam. Code §§ 6.201, 6.205, or 6.206 should be substituted. Alternative cause of action for divorce. If divorce is pleaded as an alternative to a declaration that the marriage is void, PJC 201.1 (divorce) should be submitted condi tioned on a “No” answer to Question 1 above. Proceeding after death of a spouse. If the proceeding is brought after the death of one or both spouses, replace the word “Is” with the word “Was” in the question.

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