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 innocent parties. To disrupt this balance, the court requires strong evidence that a prior marriage was not lawfully dissolved. But it does not ask for the impossible—just enough proof to make it clear that no divorce occurred where one likely would have. The presumption stands unless reason knocks it down. Davis v. Davis, 521 S.W.2d 603 (Tex. 1975).