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 Family Code §1.91 an agreement to be married may be proved by either direct or circumstantial evidence, and therefore reversed the appellate judgments in Russell v. Russell and Lorensen v. Weaber, remanding both cases for further proceedings. Justice Gonzalez dissented, arguing that the amendment requires direct evidence only.