James Lambie Russell, Petitioner v. Margaret Ann Russell, Respondent; Vivian Alice Weaber, Petitioner, v. Ronald…

Summary

The Texas Supreme Court held that, under the 1989 amendment to Texas Family Code §1.91, an agreement to be married may be proved by either direct or circumstantial evidence, and therefore reversed the appellate courts' judgments in Russell and Lorensen and remanded the cases for further proceedings. The Court noted that the amendment did not eliminate the use of circumstantial evidence to infer agreement. Justice Gonzalez dissented, arguing that the amendment requires direct proof of agreement.