Relating to certain void marriages, the official text

H.B. No. 2240

AN ACT

relating to certain void marriages.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 6.202, Family Code, is amended by

amending Subsection (b) and adding Subsection (c) to read as

follows:

(b) The later marriage that is void under this section

becomes valid when the prior marriage is dissolved if, after the

date of the dissolution, the parties have lived together as husband

and wife and represented themselves to others as being married,

unless a putative spouse:

(1) did not know that the later marriage was entered

into when the other party had an existing marriage;

(2) has not lived together with the other party as

spouses or represented himself or herself as married since the date

the putative spouse knew the later marriage was entered into when

the other party had an existing marriage; and

(3) files a suit to declare the later marriage void not

later than:

(A) the 30th day after the date the putative

spouse knew that the later marriage was entered into when the other

party had an existing marriage, unless the putative spouse is a

person described by Paragraph (B); or

(B) the 90th day after the date the putative

spouse knew that the later marriage was entered into when the other

party had an existing marriage, if the putative spouse:

(i) is serving on active duty as a member of

the United States armed forces;

(ii) is a member of the Texas military

forces, as defined by Section 437.001, Government Code, and:

(a) is actively deployed on federal

orders outside the United States; or

(b) is on state active duty performing

emergency response activities for this state; or

(iii) is in active service outside the

United States as a foreign officer employed by the United States

Department of State.

(c) Notwithstanding any other law or rule, if a putative

spouse files a suit to declare the marriage void under Subsection

(b)(3), a respondent spouse may file an answer on or before the 90th

day after the date the respondent spouse is served if the respondent

spouse:

(1) is serving on active duty as a member of the United

States armed forces;

(2) is a member of the Texas military forces, as

defined by Section 437.001, Government Code, and:

(A) is actively deployed on federal orders

outside the United States; or

(B) is on state active duty performing emergency

response activities for this state; or

(3) is in active service outside the United States as a

foreign officer employed by the United States Department of State.

SECTION 2. Chapter 9, Family Code, is amended by adding

Subchapter E to read as follows:

SUBCHAPTER E. DECLARING A DECREE VOID

Sec. 9.401. LACK OF JURISDICTION. (a) A decree of divorce

or annulment is void if the court rendering the decree lacked

jurisdiction at the time the decree was rendered.

(b) A putative spouse may file a suit to declare a decree of

divorce or annulment void under Subsection (a).

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 2240 was passed by the House on May 6,

2025, by the following vote: Yeas 138, Nays 8, 1 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 2240 on May 29, 2025, by the following vote: Yeas 128, Nays 10,

1 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2240 was passed by the Senate, with

amendments, on May 27, 2025, by the following vote: Yeas 30, Nays

1.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor