Planning to tie the knot in Texas? Here’s everything you need to know about making it legal.
Love is in the air, and you’re ready to say “I do” in Texas! Whether you’re dreaming of a grand celebration with all your friends and family or considering a simple common law arrangement, the Lone Star State gives couples plenty of options to make their union official.
But here’s the thing—before you can exchange rings and start planning your honeymoon, you need to make sure you’re checking all the right legal boxes. Trust us, dealing with marriage requirements now is much easier than sorting out problems later.
From the heart of Houston to charming small towns across our beautiful state, thousands of couples choose to start their married lives in Texas every year. What makes Texas special? We’re one of the few states that still recognizes both traditional ceremonial marriages and common law marriages, giving you the flexibility to choose what works best for your situation.
And yes, since the U.S. Supreme Court’s landmark decision in Obergefell v. Hodges back in 2015, same-sex couples have exactly the same marriage rights as opposite-sex couples here in Texas. While you might still see some outdated language in the old statutes, legally speaking, love is love in the Lone Star State.
This guide will walk you through everything you need to know—from figuring out if you’re eligible to marry to getting your hands on that all-important marriage license. Whether you’ve lived in Texas your whole life or just moved here, we’ll help you cut through the legal jargon so you can focus on what really matters: starting your amazing new life together.
Are You Eligible to Get Married in Texas?
The basic requirements every couple needs to meet
Before you start booking venues or ordering flowers, let’s make sure you meet the basic requirements to get married in Texas. These aren’t meant to make your life difficult—they’re designed to protect both of you and make sure your marriage is legally rock-solid.
How Old Do You Need to Be?
Here’s the straightforward answer: you need to be at least 18 years old to get married in Texas without jumping through any extra hoops. This rule comes from Texas Family Code Section 2.101 and applies whether you’re having a big church wedding or going the common law route.
Now, what if you’re under 18? It’s not impossible, but Texas made some big changes back in September 2017 to better protect young people. The state eliminated the old parental consent option and now requires a court order that removes the “disabilities of minority” for general purposes. Basically, a judge has to decide that getting married is truly in your best interest.
The court will look at things like your maturity level, why you want to get married, and whether this decision really makes sense for your situation. It’s a pretty high bar, and frankly, it should be—marriage is a huge decision at any age.
Who Can’t You Marry? (It’s Probably Not Who You Think)
Texas law draws some clear lines about family relationships, and they’re stricter than you might expect. According to Texas Family Code Section 6.201, you absolutely cannot marry:
- Anyone in your direct family line (parents, children, grandparents, grandchildren—you get the idea)
- Your siblings (full, half, or adopted—doesn’t matter)
- Your aunts or uncles
- Your nieces or nephews
- Current or former stepchildren or stepparents (even if the original marriage that created the step-relationship is over)
Here’s something that surprises a lot of people: first cousins cannot get married in Texas. This is different from some other states, and it trips people up sometimes. The marriage license application specifically asks you to confirm you’re not related as “a son or daughter of a parent’s brother or sister,” and if you check “false,” the county clerk can’t issue your license. Plus, Texas actually makes sexual relations between first cousins a criminal offense.
However, second cousins and more distant relationships? You’re good to go.
These rules exist for solid reasons—preventing genetic issues and protecting family dynamics. The stepparent/stepchild rule is particularly important because it helps prevent situations where family authority could be misused.
Mental Capacity: More Than Just “I Do”
Both of you need to truly understand what you’re getting into when you say “I do.” This means having the mental capacity to comprehend what marriage actually means—legally, practically, and emotionally. You need to understand the rights you’re gaining, the responsibilities you’re taking on, and how marriage will change your life.
If there are any questions about someone’s mental capacity—maybe due to a cognitive disability, mental illness, or other factors—the court might require a medical evaluation or other evidence before allowing the marriage to proceed.
Flying Solo: The Single Status Requirement
This one seems obvious, but you’d be surprised how often it comes up: you have to be legally single to get married in Texas. That means no current spouse through either formal or common law marriage.
If you were married before, that previous marriage needs to be completely finished—through divorce, annulment, or your spouse’s death—before you can remarry.
Here’s an important detail many people don’t know about: Texas has a 30-day waiting period after your divorce becomes final before you can remarry. The only exceptions are if you’re remarrying your ex-spouse (hey, it happens!) or a judge grants you a special waiver.
Getting Your Marriage License: A Step-by-Step Guide
The paperwork might not be romantic, but it’s necessary
Ready for the formal route? Getting a marriage license in Texas is pretty straightforward, but there are specific steps you’ll need to follow and deadlines you’ll need to meet.
The Application Process
You’ll both need to show up in person at any county clerk’s office in Texas. There are a few exceptions (mainly for military folks or other special circumstances), but generally speaking, plan on making this a couple’s outing.
The application will ask for basic information about both of you—names, addresses, birthdates, Social Security numbers, and details about any previous marriages. You’ll also need to make some sworn statements, including confirming that neither of you is currently married to someone else and that you’re not too closely related to each other.
Don’t stress about this part—the county clerk’s office deals with nervous couples all day long, and they’ll walk you through everything.
What to Bring With You
You’ll need to prove who you are and how old you are using documents that Texas accepts. The Texas Family Code Section 2.005 has the official list, but here are the most common options:
- Your current driver’s license or state ID (from any state—doesn’t have to be Texas)
- A valid passport (U.S. or foreign)
- Certified copy of your birth certificate
- Military ID
- Several other types of government-issued documents
Pro tip: You’ll need to know your Social Security number for the application, but you don’t need to bring the actual card. Just make sure you have the number memorized or written down.
How Much Will This Cost You?
Marriage license fees vary by county, but you’re typically looking at somewhere between $70 and $90. However—and this is where it gets interesting—you can save a chunk of money by completing a state-approved premarital education course.
These courses, often called “Twogether in Texas” programs, can save you $60 on your license fee. That’s not pocket change! The courses cover useful stuff too: communication skills, conflict resolution, financial planning. They need to be at least eight hours long and completed within a year of applying for your license.
Think of it this way: you’ll save money, probably learn something useful, and if you complete the course, you can also skip the waiting period we’ll talk about next.
Some counties charge an extra $100 if neither of you can prove Texas residency, but this varies by location.
The Waiting Game: 72 Hours to Think It Over
Texas law includes a 72-hour waiting period between when you get your license and when you can actually get married. This comes from Texas Family Code Section 2.204, and the idea is to give couples time to make sure they’re really ready for this step.
But don’t panic if you’re in a hurry—there are several ways to skip the waiting period:
Military Exception: Active duty service members and certain Department of Defense employees can skip the wait with proper ID.
Judicial Waiver: A family court judge can waive the waiting period if you can show “good cause.”
Premarital Education: Complete one of those “Twogether in Texas” courses we mentioned, and you can skip both the waiting period and save money on the license fee.
License Expiration: Use It or Lose It
Your marriage license is good for 90 days from when it’s issued. If you don’t get married within those 90 days, it expires and you’ll need to start over with a new application and fee.
This gives you plenty of time to plan your ceremony without the license hanging over your head indefinitely. Just make sure whoever performs your ceremony returns the completed license to the county clerk within 30 days of your wedding—that’s their responsibility, not yours, but it’s good to know.
Common Law Marriage in Texas: When You’re Married Without the Paperwork
Yes, it’s still a thing in Texas—but there are rules
Here’s something that makes Texas special: we’re one of the handful of states that still fully recognizes common law marriage (officially called “informal marriage” in Texas legal code). This means you can be legally married without ever getting a license or having a ceremony. But don’t think it’s the easy way out—there are specific requirements you must meet.
The Three Magic Elements
To have a valid common law marriage in Texas under Texas Family Code Section 2.401, you need all three of these elements happening at the same time:
- Agreement to Be Married Both of you have to agree that you’re married to each other. This doesn’t need to be written down or formal, but there has to be a clear understanding between both of you that you consider yourselves married—not just dating, not just living together, but actually married.
- Living Together After agreeing you’re married, you have to actually live together in Texas as husband and wife. There’s no minimum time requirement, but you need to be sharing a home as a married couple.
- Representing Yourselves as Married This is where it gets interesting. You have to present yourselves to the world as a married couple. This might mean introducing each other as spouses, filing joint tax returns, using the same last name, or other actions that show your community that you consider yourselves married.
All three elements must exist at the same time. You can’t just live together for years and then decide you were married the whole time. There has to be that agreement, followed by cohabitation and public representation as spouses.
The Good and the Challenging
Common law marriage can be great for couples who don’t want a formal ceremony, but it can create headaches down the road. Here’s the reality: common law spouses have identical legal rights to traditionally married couples—same property rights, inheritance rights, support obligations, everything.
The problem? Proving your common law marriage actually exists can be tough if your relationship ends. You might need witnesses, documents, or other evidence to show you met all three requirements. It’s not always as simple as people think.
Breaking Up Means Divorce Court
Here’s something that catches people off guard: if you want to end a common law marriage, you have to get a formal divorce just like any other married couple. You can’t just move out and call it quits.
Texas does have one interesting rule: if you separate for more than two years without taking any legal action, the law presumes no marriage existed. But that’s just a presumption—it can be challenged with evidence that you really were married.
Who Can Actually Marry You?
Not everyone with an internet ordination certificate will work
Texas is pretty specific about who can legally officiate weddings. According to Texas Family Code Section 2.202, your officiant must be one of these people:
Religious Officials
- Licensed or ordained Christian ministers or priests
- Jewish rabbis
- Officers of religious organizations who are authorized by their organization to perform marriages
Government Officials
- Current, former, or retired federal judges
- Current, former, or retired state judges (this includes district judges, appellate judges, and Texas Supreme Court justices)
A Word About Online Ordinations
This comes up a lot: can your friend who got ordained online marry you? Maybe. It depends on whether their ordination comes from a legitimate religious organization that actually authorizes them to perform marriages. When in doubt, check with the county clerk where you’re getting your license—they can tell you if your chosen officiant meets Texas requirements.
The important thing is that whoever marries you must be present at the ceremony and properly complete your marriage license, then return it to the county clerk within 30 days.
Special Situations You Should Know About
Texas has some unique accommodations worth knowing
Military Personnel Get Extra Consideration
If you’re in the military, Texas gives you several breaks:
- Active duty service members can skip the 72-hour waiting period
- If you’re stationed overseas during combat operations, you can use a proxy at your wedding ceremony
- Service members deploying to hostile areas may be exempt from marriage license fees
Proxy Marriages: When You Can’t Be There
Texas allows proxy marriages, but only in very limited situations. One person can be represented by a proxy at the ceremony only if they’re:
- Active duty military stationed overseas for combat or military operations
- Unable to attend the ceremony in person for this reason
The proxy must be an adult and must be properly appointed in the legal documents filed with your marriage license application.
Premarital Education: More Than Just a Discount
Those “Twogether in Texas” courses we mentioned aren’t just about saving money. Couples who complete them get:
- $60 reduction in marriage license fees
- Automatic waiver of the 72-hour waiting period
- Practical preparation for marriage
The courses must be at least eight hours long and cover communication skills, conflict management, and financial responsibilities. Your completion certificate is valid for one year and must be presented when you apply for your license.
What Changes When You Get Married?
The legal stuff that happens after you say “I do”
Getting married in Texas creates immediate legal changes that go way beyond just wearing rings and sharing a last name.
Name Changes: Your Choice
Either spouse can change their name as part of getting married, and Texas courts generally have to approve name change requests unless there’s fraud involved. You can request a name change on your marriage license application, or handle it later if your marriage ends in divorce.
Here’s the thing: Texas doesn’t require anyone to change their name when they get married. You can take your spouse’s name, keep your own, hyphenate, or come up with something completely different that works for your family.
Property Rights: Welcome to Community Property
Marriage in Texas creates what’s called a “community property” system. Simply put, most property you acquire during marriage belongs equally to both spouses, regardless of who earned the money or whose name is on the deed.
This includes:
- Income from jobs
- Property bought with marital income
- Business interests developed during marriage
- Retirement benefits earned during marriage
Property you owned before marriage or received as gifts or inheritance usually stays separate, but things can get complicated if you mix separate and community property together. This is one area where good legal advice early on can save you major headaches later.
Support Obligations: You’re in This Together
Texas law creates a legal duty for spouses to support each other during marriage. This means you become financially responsible for your spouse’s basic needs, and creditors can sometimes look to both spouses for payment of debts related to necessities.
If Things Don’t Work Out
Nobody plans for their marriage to fail, but it’s important to understand that if it does, Texas requires formal legal action to end it. You can’t just separate and consider yourself divorced—you need an actual divorce, annulment, or court declaration that a void marriage never existed.
This applies to common law marriages too. The divorce process is exactly the same whether you had a big wedding or just lived together as spouses.
The Bottom Line: What You Need to Remember
The essential takeaways for your Texas marriage
Texas marriage law is designed to be flexible while protecting important legal rights. Here’s what you absolutely need to know:
- You must be at least 18 or have court approval to marry
- Texas recognizes both formal licensed marriages and common law marriages
- Marriage licenses require a 72-hour waiting period (unless you qualify for an exception)
- Common law marriage requires agreement, living together, and presenting yourselves as married
- All couples—same-sex and opposite-sex—have the same marriage rights in Texas
- Military personnel get several helpful accommodations
- Marriage creates significant legal rights and responsibilities immediately
- When in doubt, professional legal guidance can save you time, money, and stress
Whether you’re planning a huge celebration or considering a quiet common law marriage, understanding Texas marriage law helps ensure your marriage starts on solid legal ground. The paperwork might not be the most exciting part of getting married, but getting it right sets you up for a lifetime of legal protection and peace of mind.
Your Questions Answered
The most common questions we hear about Texas marriage law
Can cousins get married in Texas? First cousins cannot legally marry in Texas. The marriage license application specifically requires you to certify that you’re not related as “a son or daughter of a parent’s brother or sister,” and county clerks cannot issue licenses if you mark this as false. Texas also makes sexual relations between first cousins a criminal offense. However, second cousins and more distant relationships can legally marry.
Do we need blood tests to get married? Nope! Texas eliminated the blood test requirement years ago.
Can we get married the same day we apply for our license? Generally no, because of the 72-hour waiting period. But active duty military personnel, couples with judicial waivers, and those who complete premarital education can marry right away.
What if we lose our marriage license before the wedding? Don’t panic—just contact the county clerk who issued it. They can give you a duplicate as long as the original hasn’t expired.
Do we have to be Texas residents to get married here? Not at all! There’s no residency requirement for getting married in Texas. Some counties charge an extra fee for non-residents, but you’re welcome to get married here regardless of where you live.
How long does getting a marriage license actually take? The application process usually takes 30 to 60 minutes if you have all your documents ready. You’ll get your license immediately, but remember the 72-hour waiting period unless you qualify for an exception.
Can my friend who got ordained online marry us? It depends on their specific credentials and religious organization. The safest thing to do is verify with the county clerk that your chosen officiant meets Texas requirements before the big day.
What if we want to get married in another state or country? A Texas marriage license only works for ceremonies in Texas. If you want to marry somewhere else, you’ll need to meet that location’s requirements and get their license.
Do common law spouses have the same rights as traditionally married couples? Absolutely. Once you establish a common law marriage, it has exactly the same legal effect as a ceremonial marriage. Common law spouses have identical property rights, support obligations, and must get a formal divorce to end the marriage.
Can we do both—have a common law marriage and then later get a license and ceremony? Yes, some couples choose to formalize their common law marriage with a ceremony and license later. This doesn’t create a new marriage; it just provides additional documentation of your existing marriage.
Get the Legal Help You Need for Your Texas Marriage
We’re here to help you start your marriage on solid legal ground
Getting married should be one of the happiest times of your life, but we know the legal side of things can feel overwhelming. Whether you’re planning your dream wedding, trying to figure out common law marriage, or dealing with questions about an existing marriage, having experienced legal guidance can make all the difference.
At Chargois Harper Attorneys and Counselors At Law, our Houston family law team has helped countless couples navigate Texas marriage law. We understand that every relationship is unique, and we’re here to provide the personalized attention and practical guidance you need during this exciting time.
From prenuptial agreements that protect both of your interests to common law marriage questions that need careful consideration, from property rights that affect your future to name changes that reflect your new life together—we handle it all with the care and expertise your situation deserves.
Don’t let legal uncertainty cast a shadow over your happiness. The right legal foundation gives you peace of mind and protects your rights for years to come. Contact us today to schedule a consultation and get the answers you need to move forward with confidence.
Your love story deserves the strongest possible legal protection, and we’re here to help you build it. Let us handle the legal details so you can focus on what matters most—your future together.
Ready to take the next step? Call us today.