Question:
Does Davis v. Davis require proof that no divorce occurred in every possible jurisdiction to challenge the validity of a second marriage?
Answer:
No. The Texas Supreme Court in Davis v. Davis, 521 S.W.2d 603 (Tex. 1975), held that one does not need to prove the absence of divorce in every jurisdiction. The law only demands that the party challenging the marriage show no divorce was obtained in those places where it would have made sense to seek one. The court acknowledged the impracticality of proving a negative across all corners of the globe. Instead, it drew the line at what is reasonable. This approach respects both legal practicality and common sense. Davis v. Davis, 521 S.W.2d 603 (Tex. 1975).