Marriage Laws

When you and your spouse-to-be (the person you want to marry) are both at least 18 years old, you can get married. If you are under 18, you can only get married if you are emancipated by a court order, which makes you an adult for legal purposes, including making your own decisions and supporting yourself. It is not easy to obtain an emancipation court order.

Effect of Marriage

Marriage is a serious commitment with important emotional and legal consequences. While the emotional issues are beyond this guide, you should certainly discuss your marriage plans with a trusted adult. Many organizations and churches offer free counseling for couples planning to get married. You can search for marital, pre-marital, and relationship counselors and classes here. 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.

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

Common Law (Informal) 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. Don’t list yourself as married on an income tax return unless both you and your partner agree you are married for all purposes. 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”), and determine what rights parents have involving children of the marriage including custody, visitation, and child support. Texas Law Help has information about family law and free legal assistance in your area.

The court in charge of your divorce can also issue a protective order.