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Browse our 1 legal question about Marriage in United States and the lawyer answers, or ask your own questions for free.
Marriage in Texas is legally recognized as a union between two consenting individuals and is governed by both state statutes and local regulations. The Texas Family Code sets forth the rules regarding eligibility, requirements, and formalities for marriage, as well as the dissolution process such as divorce or annulment. Marriages in Texas must usually be performed by an authorized person after obtaining a marriage license from the county clerk, and the law details a range of legal rights and responsibilities that become effective upon marriage.
While many people can navigate a straightforward marriage application on their own, there are certain situations where consulting a qualified attorney is highly beneficial. Common scenarios include prenuptial or postnuptial agreements, issues involving complex property rights, questions around common law (informal) marriage, immigration considerations, or if either party is under 18. Legal assistance can also be crucial for those who need help interpreting their rights and obligations or who face disputes, such as legal challenges to the validity of a marriage, seeking an annulment, or managing legal aspects of remarriage after divorce.
Texas marriage laws outline specific requirements for individuals wishing to marry:
Texas also has unique property laws under the community property system, meaning most property acquired during the marriage belongs equally to both spouses. Understanding these local laws can help individuals prepare for marriage and handle any legal issues that arise.
Both parties must be at least 18 years old (or meet exceptions), not be presently married to someone else, and must obtain a marriage license from a Texas county clerk. Identifying documents and sometimes proof of divorce (if applicable) are required.
Yes, there is typically a 72-hour waiting period from the time the license is issued until the marriage ceremony can take place. Some exceptions apply, such as for active military personnel or with a judge’s waiver.
Yes, same-sex marriage is legal in Texas and recognized on equal footing with opposite-sex marriage.
Texas recognizes informal or common law marriage if both parties agree to be married, live together as spouses in Texas, and represent to others that they are married. No ceremony or license is required, but legal recognition may require proof.
No, marriages between cousins are prohibited in Texas.
Go to any Texas county clerk's office with both parties present and provide valid identification. The clerk will review your documents and, if all conditions are met, issue a marriage license for a fee.
No, blood tests are not required to obtain a marriage license in Texas.
You must wait at least 30 days after a divorce before remarrying in Texas unless the court waives this waiting period.
Contact the county clerk that issued your license. You may need to apply for a new one, which may affect timelines.
Generally, Texas will recognize marriages legally performed in other states or countries, unless the marriage would not be allowed under Texas law (such as prohibited degrees of relation or polygamy).
For more information and assistance with marriage laws and issues in Texas, consider contacting:
These organizations provide reliable information and can often refer you to legal professionals for further help.
If you need legal assistance related to marriage in Texas, start by gathering your relevant documents such as identification, previous divorce decrees, or proof of age. Clearly identify the specific question or legal issue you need help with, whether it is obtaining a license, addressing eligibility, or dealing with a complex situation like a common law marriage or property agreement. Contact a family law attorney in your area or use legal aid and referral services as mentioned above. An attorney can offer advice tailored to your individual circumstances, help you understand your rights and responsibilities, and guide you through any legal procedures required.
Remember, timely legal advice can help you avoid complications and ensure your marriage arrangements are legally sound. If you are unsure how to proceed, reaching out to your local county clerk is a good first step.
