Marriage
A couple generally must obtain a marriage license from a Texas county clerk and have a ceremony performed by an authorized officiant. The ceremony must take place before the license expires.
- Marriage License: Couples apply through a county clerk and provide required information and proof of identity.
- Waiting Period: Texas generally requires a 72-hour waiting period after the license is issued before the ceremony, unless an exception applies.
- Ceremony Deadline: The marriage ceremony must be conducted within the time allowed by the license.
- Authorized Officiant: The ceremony must be performed by someone authorized under Texas law, such as certain religious officials or judges.
What Texas Calls an Informal Marriage
Texas law recognizes common-law marriage as an “informal marriage.” A couple may prove an informal marriage by filing a declaration with the county clerk or by showing that all required legal elements were met.
- Agreement to be married: Both people must have a present agreement that they are married, not merely a plan to marry later.
- Living together in Texas: After agreeing to be married, the couple must live together in Texas as spouses.
- Holding out as married: The couple must represent to others that they are married, such as by introducing each other as spouses, using joint documents, or otherwise presenting themselves publicly as married.
Why Marriage Status Matters
Whether a marriage is formal or informal can affect divorce rights, community property, debt division, inheritance, spousal benefits, and the ability to seek court orders. If one person claims a common-law marriage and the other disputes it, evidence such as tax records, leases, insurance forms, bank accounts, public statements, and witness testimony may become important.
Common Misconceptions
- No seven-year rule: Texas does not require a couple to live together for seven years, or for any specific length of time, to create an informal marriage.
- Living together alone is not enough: Cohabitation by itself does not create a marriage unless the other legal requirements are also met.
- Children do not automatically create a marriage: Having children together may be relevant to a family law case, but it does not by itself establish a common-law marriage.
Key Texas Family Code Sections
Texas marriage laws are primarily found in Chapter 2 of the Texas Family Code. Relevant provisions address marriage licenses, license applications, authorized officiants, ceremonies, license expiration, and proof or registration of informal marriage.
Disclaimer: This summary is for general informational purposes only and is not legal advice. Marriage and family law issues can depend on specific facts, deadlines, documents, and court rulings. Anyone with questions about a Texas marriage, common-law marriage, divorce, or property rights should speak with a qualified family law attorney.
Annulment
An annulment is different from a divorce. While divorce ends a legally valid marriage, an annulment asks the court to determine that a marriage was not legally valid from the beginning. In Texas, annulments are available only in specific situations recognized by the Texas Family Code, and many grounds have strict requirements or deadlines.
Void vs. Voidable Marriages
Texas law distinguishes between marriages that are void and those that are voidable. A void marriage is treated as invalid from the start, such as certain marriages involving close relatives, bigamy, or an underage party without legal authorization. A voidable marriage is considered valid unless and until a court grants an annulment.
Why Timing Matters
Annulment cases are time-sensitive. Some grounds must be raised within a short period after the marriage or after the spouse learns of the facts supporting annulment. In many cases, continuing to live with the other spouse after learning of the issue may affect the ability to seek an annulment.
How a Family Law Attorney Can Help
A Texas family law attorney can evaluate whether annulment is available, explain the difference between annulment, divorce, and a suit to declare a marriage void, and help prepare the petition and supporting evidence. Because the legal effect of an annulment can be significant, it is important to get advice based on the specific facts of your situation.
Common Grounds for Annulment
- One spouse was under 18 at the time of marriage.
- One spouse was under the influence of alcohol or narcotics and could not consent.
- The marriage was entered into because of fraud, duress, or force.
- One spouse lacked the mental capacity to consent to marriage.
- One spouse concealed a recent divorce.
- The marriage occurred less than 72 hours after the marriage license was issued.
- One spouse was permanently impotent and the other spouse did not know before the marriage.
Divorce
In Texas, spouses may seek a divorce based on “insupportability,” often called a no-fault divorce, under Texas Family Code § 6.001. Texas also recognizes fault-based grounds, including cruelty under § 6.002, adultery under § 6.003, conviction of felony under § 6.004, abandonment under § 6.005, living apart under § 6.006, and confinement in a mental hospital under § 6.007.
Texas divorce cases are governed primarily by the Texas Family Code, which addresses filing requirements, grounds for divorce, property division, temporary orders, and related family-law issues. Because every family’s circumstances are different, it is important to speak with an experienced family law attorney before making decisions about your case.
Grounds for Divorce
Texas recognizes both no-fault and fault-based divorces. Under Texas Family Code § 6.001, a court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
Fault-based grounds include cruelty under Texas Family Code § 6.002, adultery under § 6.003, conviction of felony under § 6.004, abandonment under § 6.005, living apart for at least three years under § 6.006, and confinement in a mental hospital under § 6.007. In some cases, fault may affect how the court divides property or resolves other issues.
Residency and Waiting Period
Under Texas Family Code § 6.301, a divorce may not be maintained in Texas unless, at the time the suit is filed, either the petitioner or respondent has been a domiciliary of Texas for the preceding six-month period and a resident of the county where the suit is filed for the preceding 90-day period. Under Texas Family Code § 6.702, the court generally may not grant a divorce before the 60th day after the date the suit was filed, although exceptions may apply in certain family-violence situations.
Community Property and
“Just and Right” Division
Texas is a community property state. In general, property and debts acquired during the marriage are presumed to belong to both spouses. Under Texas Family Code § 7.001, the court must order a division of the estate of the parties in a manner that the court deems “just and right,” having due regard for the rights of each party and any children of the marriage.
Why Legal Guidance Matters
Divorce can involve more than ending a marriage. Parents may need orders for conservatorship, possession schedules, child support, and medical support. Spouses may also need help protecting separate property, dividing retirement accounts, addressing debts, or requesting temporary orders while the case is pending.
Our family law team helps clients understand their rights, evaluate their options, and move forward with confidence. If you are considering divorce or have been served with divorce papers, contact our office to schedule a confidential consultation.