Marriage

Marriage is a legally sanctioned contract between two adults, whether performed in a religious or civil ceremony. Texas requires a license to get married.

Texas does not require a blood test to issue a marriage license. You can marry three days after your marriage license is issued, and your license is good for 89 days after it’s issued. After that time, a new license is required to marry.

In Texas, as in most states, you must be of the age of consent, not be too closely related to your intended spouse, not be married to anyone else, and have sufficient “mental capacity,” meaning you understand what you are doing when you marry.

Common Law Marriage

  • Common law marriage in Texas can be proven by:
    1. filing a declaration of informal marriage with the county clerk
    2. providing evidence in a legal proceeding that the couple:
      • lived together in Texas as a husband and wife
      • represented to others that they are married
      • had an agreement to be married.

Generally, the couple has two years after they stopped living together to ask the court to recognize their marriage. Not all states recognize common law marriage. Visit www.texaslawhelp.org for more information on common law marriage.