What You Need to Know About Texas Marriage Laws

Marriage is a huge moment in a couple’s life and many laws go into a legally binding marriage. Here’s everything to know about Texas marriage laws.

In Texas, there are residency requirements, age requirements, and other factors playing into the legality of a marriage. There are prohibited marriages in Texas that would prevent a couple from legally binding their relationship. Texas also has laws regarding same-sex couples that are fairly new to their legislature.

Texas Residency Requirements for Marriage

Obtaining a marriage license before the ceremony is crucial for the validity of marriage. Texas has residency requirements to get married. Many states require a minimum residency time, but Texas bypasses that step and allows anyone to be married in Texas. Texas, however, requires the couples to wait seventy-two hours after obtaining the marriage license.

Related: What You Need to Know About How Remarriage Affects Alimony in Texas

Texas Marriage Age Requirement

In Texas, both parties in the marital agreement must be eighteen years of age and consent to the marriage. Under the age of eighteen, the parties must get a parental agreement to get married.

Other requirements for the marriage of minors in Texas are:

  • Appearing before the county clerk;
  • Submitting proof of identity and age;
  • Providing the information required in the application for a marriage license;
  • Providing the clerk with a certified copy of the court order removing the disabilities of minority of the person for general purposes; and,
  • Taking the oath printed on the application for a marriage license and signing the application before the county clerk.

Texas Same-Sex Marriage Laws

Same-sex marriage became legal in Texas in 2015 after the U.S. Supreme Court issued its decision in the case Obergefell v Hodges, which legalized same-sex marriage in every state. The marriage application process is the same for every couple in Texas.

Related: How to Get a Marriage License in Texas

Prohibited Marriages in Texas

Prohibited marriages in Texas are the marriage of relatives such as an ancestor or descendant, brother or sister (by whole, half-blood, or adoption), aunt, nephew, uncle, and niece; bigamous (but becomes valid after the dissolution of 1st marriage if parties live together and present themselves as married).

Annulment of marriages includes:

  • Marriage Under 14
  • Marriage Under 18
  • Under the Influence of Alcohol or Drugs;
  • Fraud & Duress
  • Impotence
  • Mental Incapacity

Contact Us

If you or a loved one would like to learn more about Texas Marriage Laws, get your free consultation with one of our Family Law Attorneys in Texas today!