Question:
What legal presumption did the court apply in determining the validity of a subsequent marriage when a prior marriage’s dissolution was in question?
Answer:
In Zewde v. Abadi, 529 S.W.3d 189 (Tex. App.—Houston [14th Dist.] 2017, no pet.), the court applied the legal presumption that the most recent marriage is valid. The husband contended that his marriage to the wife was void because she had not dissolved her prior marriage. However, the court held that the evidence, including a divorce decree issued in a foreign country, was sufficient to support the finding that the prior marriage was validly dissolved. This upheld the validity of the subsequent marriage. The presumption of the validity of the latest marriage remains until it is proven that the prior marriage was not legally dissolved. This principle ensures stability and legitimacy in marital relationships unless clear evidence indicates otherwise.