H.B. No. 2240 amends the Texas Family Code to address the validity of certain marriages that may be considered void. The bill specifies that a later marriage, which is void due to the existence of a prior marriage, can become valid if the prior marriage is dissolved and the parties have lived together as husband and wife, unless specific conditions are met for a putative spouse. These conditions include the putative spouse's lack of knowledge about the prior marriage at the time of entering into the later marriage, not having lived together or represented themselves as married since learning of the prior marriage, and filing a suit to declare the later marriage void within a specified timeframe. The bill also provides additional time allowances for putative spouses who are active military members or engaged in certain emergency response activities.
Furthermore, the bill introduces a new subchapter in the Family Code that allows a putative spouse to file a suit to declare a decree of divorce or annulment void if the court lacked jurisdiction at the time the decree was rendered. This provision aims to clarify the legal standing of individuals affected by jurisdictional issues in divorce or annulment cases. The act is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.
Statutes affected:
Introduced: Family Code 6.202 (Family Code 6)
House Committee Report: Family Code 6.202 (Family Code 6)
Engrossed: Family Code 6.202 (Family Code 6)
Senate Committee Report: Family Code 6.202 (Family Code 6)
Enrolled: Family Code 6.202 (Family Code 6)