Tex. Fam. Code Section 6.108
Mental Incapacity

(a)

The court may grant an annulment of a marriage to a party to the marriage on the suit of the party or the party’s guardian or next friend, if the court finds it to be in the party’s best interest to be represented by a guardian or next friend, if:

(1)

at the time of the marriage the petitioner did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect; and

(2)

since the marriage ceremony, the petitioner has not voluntarily cohabited with the other party during a period when the petitioner possessed the mental capacity to recognize the marriage relationship.

(b)

The court may grant an annulment of a marriage to a party to the marriage if:

(1)

at the time of the marriage the other party did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect;

(2)

at the time of the marriage the petitioner neither knew nor reasonably should have known of the mental disease or defect; and

(3)

since the date the petitioner discovered or reasonably should have discovered the mental disease or defect, the petitioner has not voluntarily cohabited with the other party.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Source: Section 6.108 — Mental Incapacity, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­6.­htm#6.­108 (accessed Jun. 5, 2024).

6.001
Insupportability 6.002
Cruelty 6.003
Adultery 6.004
Conviction of Felony 6.005
Abandonment 6.006
Living Apart 6.007
Confinement in Mental Hospital 6.008
Defenses 6.103
Underage Annulment Barred by Adulthood 6.104
Discretionary Annulment of Underage Marriage 6.105
Under Influence of Alcohol or Narcotics 6.106
Impotency 6.107
Fraud, Duress, or Force 6.108
Mental Incapacity 6.109
Concealed Divorce 6.111
Death of Party to Voidable Marriage 6.201
Consanguinity 6.202
Marriage During Existence of Prior Marriage 6.203
Certain Void Marriages Validated 6.204
Recognition of Same-sex Marriage or Civil Union 6.205
Marriage to Minor 6.206
Marriage to Stepchild or Stepparent 6.301
General Residency Rule for Divorce Suit 6.302
Suit for Divorce by Nonresident Spouse 6.303
Absence on Public Service 6.304
Armed Forces Personnel Not Previously Residents 6.305
Acquiring Jurisdiction over Nonresident Respondent 6.306
Jurisdiction to Annul Marriage 6.307
Jurisdiction to Declare Marriage Void 6.308
Exercising Partial Jurisdiction 6.401
Caption 6.402
Pleadings 6.403
Answer 6.404
Information Regarding Protective Orders 6.405
Protective Order and Related Orders 6.406
Mandatory Joinder of Suit Affecting Parent-child Relationship 6.407
Transfer of Suit Affecting Parent-child Relationship to Divorce Court 6.408
Service of Citation 6.409
Citation by Publication 6.410
Report to Accompany Petition 6.411
Confidentiality of Pleadings 6.501
Temporary Restraining Order 6.502
Temporary Injunction and Other Temporary Orders 6.503
Affidavit, Verified Pleading, and Bond Not Required 6.504
Protective Orders 6.505
Counseling 6.506
Contempt 6.507
Interlocutory Appeal 6.601
Arbitration Procedures 6.602
Mediation Procedures 6.604
Informal Settlement Conference 6.701
Failure to Answer 6.702
Waiting Period 6.703
Jury 6.704
Testimony of Husband or Wife 6.705
Testimony by Marriage Counselor 6.706
Change of Name 6.707
Transfers and Debts Pending Decree 6.708
Costs 6.709
Temporary Orders During Appeal 6.710
Notice of Final Decree 6.711
Findings of Fact and Conclusions of Law 6.712
Date of Marriage Requirement in Final Decree 6.801
Remarriage 6.802
Waiver of Prohibition Against Remarriage 6.4035
Waiver of Service 6.6015
Determination of Validity and Enforceability of Contract Containing Agreement to Arbitrate
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Accessed:
Jun. 5, 2024

§ 6.108’s source at texas​.gov