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 does not need to disprove the existence of a divorce in every jurisdiction on earth. It is enough to show that, in the places where a divorce would reasonably have been sought, none occurred. The court recognized that the law presumes the most recent marriage is lawful. But that presumption can be rebutted by clear proof that a divorce was not obtained where one would logically have been pursued. The burden, though heavy, is not impossible. It bends to reason. Davis v. Davis, 521 S.W.2d 603 (Tex. 1975).