Question:
In Texas, if someone challenges the validity of a current marriage by claiming there was an earlier, still-valid marriage, who has the burden of proof, and what factors increase the strength of the current marriage’s presumption of validity?
Answer:
In Nguyen v. Nguyen, 355 S.W.3d 82 (Tex. App.—Houston [1st Dist.] 2011, pet. denied), the court explained that when a current marriage is challenged on the ground that a prior marriage still exists, the person bringing the challenge carries the burden of proof. That person must not only prove the existence of the prior marriage but also that it continued to be valid at the time the later marriage began. The law starts with a strong presumption that the most recent marriage is valid. That presumption grows stronger over time, especially if the spouses hold themselves out as married and have children together. These elements—time, public acknowledgment, and children—cast long shadows, and the law respects that passage. It won’t undo a marriage on suspicion alone. The challenger must bring proof, or the marriage stands.