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Relationships

contentsMarriage Laws
Divorce
Parental Rights and Responsibilities
Abuse
Abuse Hotlines and Community Outreach

Marriage Laws

When you and your spouse-to-be (the person you want to marry) are at least 18 years old, you can get married. If either of you is between 16 or 18 years old, then that  person may only get married if his or her parent or a judge agree. Below 16 years old, that person will need the consent of a judge to get married.

Effect of Marriage

Marriage is a serious commitment with important, emotional and legal consequences. While the emotional issues are beyond this manual, you should certainly discuss your marriage plans with a trusted adult. Many churches also offer free counseling for couples planning to get married. Generally, the counseling tries to help you succeed in marriage by planning things with your future spouse ahead of time— getting you both to think and talk about topics ranging from money to children to in-laws before they can cause problems. On the legal side, marriage creates a contract between a couple. A marriage can only legally end by getting a divorce.

How to Marry
There are two ways to get married in Texas—through a ceremony and by “common law” marriage.

Marriage by Ceremony
To have a marriage by ceremony, you and your future spouse need to get a marriage license and then be married by an authorized official in a ceremony.

  • The county clerk’s office gives out marriage licenses. You and your future spouse will need to show proper identification and pay a fee. You must get the license between 3 and 30 days before your ceremony.
  • Any authorized person may perform the ceremony. Authorized persons include judges, some other government officials and many clergymen.

Common Law Marriage
A legal marriage between a couple can be created in Texas simply by:

  • Agreeing with each other to be married,
  • Living together as a married couple in Texas, and
  • Telling others that they are married.

You can also fill out a “Declaration of Informal Marriage” at the county clerk’s office to create proof of your common law marriage. A common law marriage has the same effect and consequences as a marriage by ceremony. If you are under the age of 18, you can’t have a common law marriage.

Divorce

A marriage by ceremony or a common law marriage can only be legally ended by divorce. A divorce is a legal process that involves a judge. As part of the divorce, the judge will divide up any property that the two of you own, divide any bills or loans that are owed, set amounts that one spouse must pay to the other spouse after the divorce for support (often called “alimony” or, in Texas, “spousal maintenance”), set amounts that one spouse must pay to support any children and determine the rights of each spouse to visit the children. Texas Law Help has information about family law and free legal assistance in your area.

Parental Rights and Responsibilities

If you are a parent, you have the responsibility to provide support for your children until they are adults. You cannot abuse or neglect your children and must protect them from harm. If there are any questions about whether a man is the father of your child (or whether you are the father of the child), then the court can order medical tests on the man and the child to find out.

A court may terminate a parent’s rights to be with or visit his or her child for many reasons, including abandonment of the child or the mother when she is pregnant, failure to support that child, child abuse or neglect and other serious grounds.

Abuse

If you or your children are being abused, you should immediately call the police. You should also keep accurate, detailed records of your and your children’s injuries, medical reports, treatments, witnesses, police involvement, doctors and hospital staff. You should go to your local domestic violence shelter if you need a safe place to stay or other services and assistance.

An abused spouse or the parent of an abused child does not have to get a divorce to get a court’s help. Even if you are not married, you can still get help from a court if you are being abused. The court can issue a “protective order” to protect the person being abused from the abuser. The protective order will require the abuser to stay away from you and your child, could limit phone calls and require the abuser to support you (without seeing or contacting you). A protective order also will make it easier for the police to protect you or your child. If you want to get a protective order, then visit your county’s courthouse and ask where to apply for a protective order. The police may also be able to tell you, as can the Texas Council on Family Violence, listed on page 58. There is no cost for a protective order.  If you have already filed for a divorce, the court in charge of your divorce can also issue a protective order.
Once you report the abuse, the police and district attorney can bring a criminal charge against the abuser if there is enough evidence. You will need to cooperate with the police and the district attorney in order for them to press charges.
You could also sue the abuser for personal injuries. You should discuss this option with a lawyer who can explain the process and look at the evidence against the abuser to see if you have a good case.

Abuse Hotlines and Community Outreach

The most important thing is that neither you nor your children need to live in fear. The abuse is not your fault. There are many places willing to help you if you ask. These agencies can point you in the right direction. These groups understand what you are going through and are even willing just to talk. But remember that your computer and phone can be monitored—so please be sure to contact help from a safe place.

Texas Council on Family Violence
The Texas Council on Family Violence assists Texas domestic violence shelters and can assist you in locating a shelter in your area. A domestic violence shelter is a place where someone being abused can go to escape the abuse and receive other services and assistance, even if they don’t stay at the shelter. Visit Texas Council on Family Violence or contact them by phone at (800)525-1978.

National Domestic Violence Hotline
There is also a domestic violence hotline that operates 24 hours a day/7 days a week. Contact (800)799-SAFE (7233).  If hearing impaired, contact (800)787-3224.

National Teen Dating Abuse Helpline
You can also call the National Teen Dating Abuse Helpline at (866)331-9474.  If hearing impaired, contact (866)331-8453.

 

 

additional

Family Resources

LGBTQ Resources

Domestic Violence Resources

 

*Indicates a resource developed by the Texas Foster Youth Justice Project, Texas RioGrande Legal Aid, Inc. or Texas C-Bar. Please download, copy, and distribute. Complete Resource List