Category: Advice

Question:Why did the court in Davis v. Davis uphold the presumption of validity for the most recent marriage? Answer:In Davis v. Davis, 521 S.W.2d 603 (Tex. 1975), the court gave weight to society’s interest in the stability and legitimacy of marriage. The presumption favors the most recent union because it guards the peace and protects […]

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 […]

Question:What does Davis v. Davis say about the burden of proof when trying to invalidate a subsequent marriage on the grounds that a prior marriage was never dissolved? Answer:In Davis v. Davis, 521 S.W.2d 603 (Tex. 1975), the Texas Supreme Court explained that to overcome the presumption that the latest marriage is valid, a party […]

Question:How does a person overcome the presumption favoring a later marriage in Texas? Answer:By proving a valid earlier marriage that never legally ended. In Estate of Claveria v. Claveria, 615 S.W.2d 164 (Tex. 1981), the first wife didn’t show any divorce record or proof that she searched for one. That doomed her case. To overcome […]

Question:Why is it difficult to prove that no divorce occurred, and how does Texas law deal with that problem? Answer:It’s hard to prove a negative—you can’t point to what doesn’t exist. In Estate of Claveria v. Claveria, 615 S.W.2d 164 (Tex. 1981), the Texas Supreme Court required the first wife to do more than just […]

Question:What kind of evidence does a Texas court expect when someone claims a prior marriage was never dissolved? Answer:A Texas court expects concrete proof of a diligent search. In Estate of Claveria v. Claveria, 615 S.W.2d 164 (Tex. 1981), the woman claiming to be the first wife didn’t bring certified court records or testimony showing […]

Question:How can someone prove there was no divorce from a prior marriage, as required in Estate of Claveria? Answer:To prove no divorce, you search every county and court where either spouse might have filed. In Estate of Claveria v. Claveria, 615 S.W.2d 164 (Tex. 1981), the first wife failed to show that her marriage to […]

Question:Why does Texas law presume the latest marriage is valid, as shown in Estate of Claveria? Answer:Texas law presumes the most recent marriage is valid because people need certainty in family ties and inheritance. In Estate of Claveria v. Claveria, 615 S.W.2d 164 (Tex. 1981), the court said this presumption brings order. Without it, every […]

Question:In a Texas inheritance case involving two spouses, how did Estate of Claveria resolve the conflict over who the lawful wife was? Answer:The court in Estate of Claveria v. Claveria, 615 S.W.2d 164 (Tex. 1981), faced two women—each claiming to be the decedent’s lawful wife. The first woman had a prior marriage to him; the […]

Question:What legal presumption did the Texas Supreme Court reaffirm in Estate of Claveria, and how does it affect disputes over the validity of successive marriages? Answer:In Estate of Claveria v. Claveria, 615 S.W.2d 164 (Tex. 1981), the Texas Supreme Court reaffirmed that the most recent marriage is presumed valid. This presumption holds firm until someone […]