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Texas Law on Annulment for Bigamy: How Is It Addressed?

Understanding Annulment in the Context of Bigamy under Texas Law

Annulment is a legal decree that essentially erases a marriage, declaring it null and void. In Texas, as in other jurisdictions, annulment hinges on specific circumstances that render a marriage invalid from its inception. One such ground for annulment is bigamy, which occurs when one spouse is already legally married to someone else at the time of the subsequent marriage. Bigamy is not only a basis for annulment but also a criminal offense under Texas law.

Texas Law on Annulment for Bigamy: How Is It Addressed? image

The Legal Framework for Annulment Due to Bigamy

The Texas Family Code outlines the conditions under which an individual can seek an annulment. According to Section 6.102 of the Code, a court may grant an annulment if at the time of the marriage, the other party was previously married, and the previous marriage had not been dissolved either by divorce or death. The individual petitioning for annulment must cease living with their spouse once they discover the facts constituting bigamy to qualify for an annulment on this ground.

Consequences and Implications of Bigamy

Bigamy carries serious legal repercussions beyond the realm of family law. As per Texas Penal Code Section 25.01, an individual commits a felony of the third degree if they are legally married and they:

Those found guilty of bigamy face fines and imprisonment, highlighting the state's stringent stance against this practice.

Historical References and Notable Cases

Historically, bigamy has been met with societal disdain and legal consequences, as exemplified by famous cases such as that of Frank Lloyd Wright. Wright's relationship with Mamah Borthwick Cheney while still married led to significant scandal in the early 20th century. Although Wright's situation occurred before modern statutes were fully developed, it underscores the longstanding nature of bigamy as a legal issue.

Procedure for Annulment Based on Bigamy

To initiate an annulment on the grounds of bigamy in Texas, the petitioner must file a suit in the district court where either party resides. Documentation proving the existence of a prior marriage is crucial to substantiate the claim. The court then reviews evidence and, if satisfied that bigamy has occurred, can declare the subsequent marriage annulled.


Annulment for bigamy in Texas reflects the seriousness with which the state views marital fraud and protects individuals from entering into unwittingly unlawful unions. It serves as a mechanism to uphold the integrity of marital relations and to penalize those who attempt to flout these norms.