Many Texans are surprised to learn there is more than one way to get married in Texas. Having your marriage recognized by the state is critical for many reasons, including taxation, child custody, and other areas of the law.
Unfortunately, even happy marriages sometimes end in divorce. Knowing your legal rights in the divorce process becomes critical to your financial future. The Brazoria County family lawyers at Terry & Roberts are experienced advocates who have helped countless Texas families understand and apply complex family laws to their unique situations.
Marriage Requirements in Texas
Individuals deciding to share their lives and marry in Texas must meet basic requirements under the law. Since 2015, Texas has recognized every couple’s right to marry regardless of gender. Marrying in Texas requires couples to meet the following Texas marriage requirements:
- Each applicant must present a valid identification, such as a driver’s license, military ID card, passport, or a certified copy of a birth certificate in addition to a social security number, if applicable.
- You must be at least 18 years old to marry without permission. Partners aged 16-18 require parental consent or a granted court order to marry. Individuals younger than 16 must acquire a court order of permission to marry.
- You must honor the waiting period of 72 hours from applying for a marriage license before the ceremony. Members of the armed forces or individuals completing a premarital education course may request a judge to waive the waiting period.
- You must not be divorced within the last 30 days or present a judge’s waiver of the waiting period.
- You must not currently be in a marriage with someone other than the co-applicant.
- Those applying for a marriage license cannot be related.
- You must pay the applicable fees for a marriage license in Texas, which vary by county.
Learn more about acceptable forms of identification by reviewing the Texas Family Code on marriage relationships and the requirements for acquiring a marriage license. Couples who live outside of Texas but choose a destination wedding within the state are welcome to marry here if they meet the requirements.
The state does not enforce but encourages couples to participate in premarital education courses of at least eight hours by an accredited organization.
Completing the course within a year of applying for a marriage license is necessary to have the 72-hour waiting period waived.
Apply for a Marriage License
Couples can visit any county clerk’s office to obtain a formal wedding license in Texas. Some Texas counties may also offer online services to get a marriage license. Texas Family Code cited above allows for an affidavit of the absent applicant if a party in the relationship cannot go to the clerk’s office.
In addition to meeting the requirements above, additional conditions exist to obtain a marriage license by affidavit of absent applicant, including:
- A declaration of the absentee’s desire to marry their partner, including a partner’s specific identifying information
- The ceremony’s approximate date
- The reason the individual cannot appear before the clerk of court
- Appointment of an adult other than the person the absentee is marrying to act as a proxy to participate in the ceremony if they are a stationed member of the U.S. armed forces and cannot attend the ceremony
The Texas State Law Library lists the most populous counties where you can apply for a marriage license.
Marry Within The Legal Time Limits
A marriage license expires on the 91st day after it is issued if the marriage ceremony does not occur within 90 days of issuance. The wedding officiant must determine if a license has expired and is prohibited from officiating the ceremony if so. A couple must re-apply for a license and pay applicable fees if a license expires.
Have the Wedding Officiant Sign the Marriage License
The Texas Statute on Marriage permits a licensed or ordained Christian minister or priest, Jewish rabbi, an individual authorized by a religious organization, or current, former, or retired federal or state judge to conduct the wedding ceremony. The officiant will sign the marriage license and record the names of the individuals marrying, the date, and the county where the ceremony occurs. They will then mail it to the issuing county clerk within 30 days.
Finalizing the Marriage Process
Marriage licenses are legally binding contracts that will likely impact other significant areas in your life. You should update the following information promptly after getting married in Texas:
- Driver’s licenses, in the event of a name change
- Social security cards
- Banking information
- HIPPA forms
- Home, car, and other titles
- Utilities accounts
- Divorce documents and modifications
- Marital postnuptial agreements
Speak with one of our knowledgeable Brazoria County family law attorneys about updating significant legal agreements.
Texas Recognizes Marriage Without Formalities
Often referred to as common law marriage, marriage without formalities is a legal and valid way to get married in Texas. No Texas statutes state a specific time couples must be together before declaring to be in a common law marriage. Evidence of the following must exist to prove a marriage without formalities:
- A couple agrees to be married
- The partners live together in Texas as spouses
- The couple identifies to others that they married
Couples are not required but can file their marriage through a declaration with a county clerk. However, official documents such as tax returns, lease agreements, or insurance policies may serve as proof of marriage.
Failing to file a declaration or to prove the existence of a marriage may lead to complications should a couple decide to go their separate ways and require legal intervention for any reason.
Because of the legal complexities surrounding common law marriage, contacting a Texas family law attorney is imperative as soon as possible. You must pursue legal action within two years.
Protect Your Interests in a Texas Marriage
Ultimately, marriage licenses are a legal contract you and your partner make with each other and the government that will impact your life indefinitely. The Brazoria County family law attorneys at Terry & Roberts, with offices in Pearland and Angleton, TX, can assist you with premarital and postnuptial agreements, adoption, child and custody support, protective orders, grandparents’ rights, and divorce proceedings.
We prioritize your unique needs by applying Texas family laws to help you create the life you envision. Contact us to arrange a consultation and learn more today.