Gone are the days of the one-size-fits-all wedding. Texas couples may choose the type of ceremony for their special day. The Brazoria County family law lawyers at Terry & Roberts can help you legally navigate marriage, providing experienced guidance in prenuptial agreements, adoption by a spouse, and child support if you share a child in a previous relationship.
Below, we look at civil vs religious marriage ceremonies and how they impact a marriage.
Religious Marriage Ceremonies
Many couples incorporate their faith or religious beliefs into starting their life together. Religious marriage ceremonies in Texas often occur in places of worship where a couple wishes to practice their faith or currently attends worship. It has become more common for couples to honor dual religions in ceremonies where each partner practices a different faith.
Weddings incorporating various faith traditions are often steeped in tradition. Vows, readings, and other ceremonial components generally follow specific guidelines to conform to religious customs.
Many elements of a religious marriage ceremony are symbolic and significant to a couple in their new life as husband and wife.
Civil Marriage Ceremonies
Many couples in Texas now opt to demonstrate more control over a ceremony to reflect their unique likes and personalities and in a way that feels more meaningful to them. Texas civil marriage ceremonies enter a couple into a binding legal contract—the same as religious ceremonies—without the religious components.
For example, a couple may share a poem with personal meaning instead of reading scripture. Couples may also wish to have more input in their marriage vows, writing and speaking their own personal commitments, as opposed to the traditional wedding vows recited in a religious marriage ceremony. The venue for a civil marriage ceremony may be anywhere that allows weddings, and an officiant performs the wedding instead of a minister.
While civil and religious marriage ceremonies may differ in their details, specific aspects apply to both marriage ceremonies in order to be legal in Texas.
What Elements Are Necessary to Make a Civil or Religious Marriage Ceremony Legal?
Texas does not require additional witnesses for a marriage to be legal, regardless of the type of ceremony you prefer. However, both types of marriage ceremonies require one of the following authorized officiants to conduct the ceremony and serve as the witness:
- A Christian minister or priest who is licensed or ordained
- A Jewish rabbi
- An individual recognized as an officer of a religious organization and authorized to perform marriage ceremonies
- Current, former, or retired state or federal judges
There is no need to finalize a civil marriage ceremony at a courthouse as long as your officiant can legally conduct the marriage ceremony under Texas law.
Obtaining a Marriage License for a Civil or Religious Marriage Ceremony in Texas
Couples must also obtain a wedding license before the ceremony and each party must sign it. Wedding licenses do not have to come from a particular county as long as they are obtained in Texas when the wedding occurs in the state.
It is critical to check the marriage license requirements of the state or country where you plan to hold your ceremony. The waiting period to marry varies depending on the location. Additionally, some states or countries may require medical testing prior to the ceremony.
Who Can Get Married in a Civil or Religious Marriage Ceremony?
Each partner must meet specific requirements mandated by law. You may participate in the marriage ceremony of your choice when you and your partner meet the following criteria:
- The parties appear together at any county clerk’s office.
- You possess and present a valid government picture identification proving who you are and your age, with 18 being the legal age to marry.
- You have parental consent to marry if you are between the ages of 16 and 18.
- You provide a social security number when it is necessary.
- Neither party is currently married nor has divorced someone within the prior 30 days, unless you have a waiver to marry.
- The parties to the marriage are unrelated.
- You pay the fees to obtain the license.
- You observe the 72-hour waiting period from obtaining your license until the ceremony unless you are an active military member.
Another adult can apply for a Texas marriage license on behalf of one of the parties if they cannot appear before the clerk using a notarized affidavit of absent applicant. Applying for a marriage license for an absent applicant often occurs when one party is on active military duty. A Pearland, TX, family law attorney with our team can help you navigate any necessary paperwork to strive to ensure your wedding day is successful.
Registering a Texas Marriage License for Civil and Religious Wedding Ceremonies
The wedding officiant must also sign and date the marriage license for the union to be legal. They are also responsible for returning the license to the respective governmental agency. To prevent delays, the marriage license should be error-free.
Couples have 90 days from getting a Texas marriage license to conduct the ceremony. It is necessary to reapply for another license if you do not use it within that time. The marriage becomes invalid when an officiant fails to submit the marriage license within 30 days of the ceremony.
Is a Civil Marriage Ceremony the Same as Common-Law Marriage in Texas?
While common-law marriages are legal in Texas, they differ from civil marriage ceremonies. Couples in a common-law marriage do not undergo the licensing process necessary for a civil or religious marriage ceremony. Proving a common-law marriage requires evidence that the relationship partners:
- Agree to be married
- Live together in a matrimonial state after making the agreement
- Acknowledge to others that they are married
Common-law marriages, like licensed marriages, can become legally complex during divorce. Seek the experienced advice of a Pearland divorce attorney with our firm to lawfully and fairly address the division of assets, child custody, and other conflicts that may arise during a divorce.
Does Participating in Either Type of Marriage Ceremony Prevent Entering a Prenuptial Agreement?
Couples in Texas often postpone marriage until they are more established. Each partner may bring substantial assets to the relationship when a marriage occurs, and prenuptial agreements are a legal avenue to protect your assets should a divorce occur.
Prenuptial agreements are not an indicator that you expect the marriage to fail but an avenue to safeguard what’s yours and protect your future.
Does the Divorce Process Change Depending on the Type of Marriage Ceremony?
Texas laws govern the divorce process despite the type of marriage ceremony you choose. Even amicable partners should seek a legal advocate in Texas to navigate the marriage’s dissolution. It’s common to overlook the tax implications that can occur during asset division while experiencing the emotional complexities accompanying a divorce.
Contact a Brazoria County Family Law Attorney to Discuss Your Upcoming Marriage
If you are entering a marriage with complex assets, have concerns about a previous marriage’s impact on your current relationship, or have a blended family, speak to a Terry & Roberts Brazoria County family law attorney in Pearland or Angleton, TX.
Terry & Roberts wish you the best in your marriage, whether your wedding day is celebrated with a religious or civil ceremony. Our team offers support through joyous occasions and times of uncertainty. Let us answer your marriage and Texas family law questions today.