Best Marriage Lawyers in Houston

About Marriage Law in Houston, United States

Marriage in Houston, Texas, is governed by both state and local laws that define the legal requirements, rights, and responsibilities of couples choosing to marry. The City of Houston follows Texas Family Code, which outlines marriage eligibility, licensing procedures, ceremonial requirements, and the effects of marriage on property and family life. Marriage is a legally binding contract with significant personal and financial implications, so it is important to understand these laws before tying the knot.

Why You May Need a Lawyer

Although many couples navigate the marriage process without legal help, some situations call for expert advice. You may need a lawyer if you are entering a prenuptial or postnuptial agreement, have significant assets or debts, are remarrying, or have children from previous relationships. Legal counsel can also be vital if questions arise regarding immigration status, name changes, or in resolving disputes about marriage validity or annulment. A lawyer ensures your interests are protected and that you comply with all necessary legal steps.

Local Laws Overview

Houston marriage laws are shaped by Texas statutes, which set the fundamental rules and procedures:

• Both parties must be at least 18 years old or have parental consent if aged 16 or 17.
• You must apply for a marriage license at a County Clerk's office, such as the Harris County Clerk in Houston.
• Proof of identity and age, such as a driver's license, passport, or birth certificate, is required.
• There is generally a 72-hour waiting period after obtaining the license before the marriage ceremony can occur, with some exceptions for military personnel or court-ordered waivers.
• Cousin marriages are not permitted, and same-sex marriages are legally recognized.
• Common law marriage, known in Texas as informal marriage, is recognized if both parties agree to be married, live together as spouses, and present themselves as married to others.
• Prenuptial agreements are enforceable if they meet Texas legal standards and are voluntarily signed by both spouses before marriage.

Frequently Asked Questions

What is required to get married in Houston?

You need to obtain a marriage license from any county clerk in Texas, provide valid identification, pay the applicable fee, and wait the mandatory 72 hours before the ceremony unless an exemption applies.

Can we get married in Houston if we live in another state or country?

Yes, residency is not required to marry in Texas. However, the marriage must be performed in Texas to use a Texas-issued marriage license.

Is a blood test required before marriage?

No, Texas does not require a blood test for marriage.

Are common law marriages recognized in Houston?

Yes, common law marriage is recognized if the couple agrees to be married, lives together, and holds themselves out as married.

Are same-sex marriages legal in Houston?

Yes, same-sex marriage is legal and recognized throughout Texas, including Houston.

How do we get a prenuptial agreement?

Both parties should independently consult with lawyers to draft and review the prenuptial agreement, which must be signed voluntarily before the marriage.

What if I lost my marriage certificate?

You can request a certified copy from the Harris County Clerk or the county where you were married by providing identification and paying the appropriate fee.

Can minors get married in Houston?

Minors aged 16 or 17 may marry with parental consent and, in some cases, a court order. Marriage for those under 16 is not permitted except by court order.

Do I have to change my name after marriage?

No, name changes after marriage are optional. If you choose to change your name, you must update your identification documents with various agencies.

Is there a waiting period for remarriage after a divorce?

Yes, Texas law requires a 30-day waiting period after a divorce is finalized before either party can remarry, unless waived by the court.

Additional Resources

For more information and assistance regarding marriage in Houston, the following resources can be helpful:

• Harris County Clerk's Office - Marriage Licenses and Certificates
• Texas Department of State Health Services - Vital Statistics
• Houston Bar Association - Lawyer Referral Service
• Legal Aid organizations in Houston such as Lone Star Legal Aid
• Local family law attorneys and mediators specializing in marriage matters

Next Steps

If you are planning to get married in Houston and have legal questions or concerns, consider the following steps:

• Familiarize yourself with Texas marriage laws and requirements for marriage licenses.
• Gather necessary identification and documents ahead of your license application.
• If you have special circumstances, such as a prior divorce, minor status, or foreign citizenship, consult a family law attorney.
• Consider legal advice if drafting a prenuptial agreement or if your marriage may affect your immigration status, property, or children.
• Contact the Harris County Clerk for specific procedures and to schedule any necessary appointments.
• If disputes or complex issues arise, seek out a qualified legal professional who specializes in family and marriage law in Houston.

Taking these steps can help ensure your marriage process is lawful, smooth, and tailored to your unique needs.