Texas § FA.6.108 - MENTAL INCAPACITY
Full text of Texas The Texas Constitution § FA.6.108 — MENTAL INCAPACITY, with citation guidance and answers to common questions.
§ FA.6.108. MENTAL INCAPACITY
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.
Frequently Asked Questions About Texas § FA.6.108
What does The Texas Constitution § FA.6.108 cover?
Section FA.6.108 ("MENTAL INCAPACITY") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § FA.6.108?
A common citation format is "The Texas Constitution § FA.6.108" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § FA.6.108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.