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The definition of marriage in Texas shapes how the state recognizes unions and outlines the rights and responsibilities that come with it. It specifies who can marry, what makes a marriage legally valid, and how common-law marriages are treated. While some couples opt for a formal ceremony with a marriage license, others may qualify as married through cohabitation and mutual intent. Texas law also provides clarity on the dissolution of marriage, including property division, spousal support, and other critical aspects. Understanding these legal parameters helps couples make informed decisions and ensures they are aware of their rights and obligations before entering into a lifelong commitment.
The Detailed Definition of Marriage in Texas
Marriage in Texas follows specific laws that outline who can marry, what makes a marriage valid, and how the state recognizes different forms of unions. The legal framework governs everything from age requirements to common-law marriage. Understanding these laws helps couples know their rights and responsibilities.
Legal Requirements for Marriage
Texas law sets clear guidelines for who can legally marry. Couples must meet certain criteria before the state recognizes their union.
Age and Consent
The minimum age to marry in Texas is 18. However, minors as young as 16 can marry with a judge’s approval. Parental consent alone does not allow someone under 18 to marry. Courts require proof that marriage is in the minor’s best interest before granting approval.
Marriage License
Couples must obtain a marriage license before holding a ceremony. The process includes:
- Applying in person at a county clerk’s office
- Presenting valid identification, such as a driver’s license or passport
- Paying the required fee
- Waiting 72 hours before the ceremony unless eligible for a waiver
Texas does not require blood tests or medical exams. The license remains valid for 90 days. If a couple does not marry within that period, they must apply for a new one.
Who Cannot Marry in Texas?
Texas law prohibits certain marriages. People cannot legally marry if they:
- Are already married to someone else
- Are closely related by blood or adoption
- Have been recently divorced (must wait at least 30 days unless waived by a judge)
These restrictions protect legal and family interests.
Common-Law Marriage in Texas
Texas recognizes common-law marriage, also known as an informal marriage. Couples do not need a formal ceremony or marriage license, but they must meet specific conditions.
Requirements for Common-Law Marriage
A couple must:
- Agree to be married
- Live together in Texas as spouses
- Represent themselves as married to others
Texas law allows couples to file a Declaration of Informal Marriage with the county clerk. This document provides official recognition of their union.
Proving Common-Law Marriage
If a dispute arises, courts determine whether a common-law marriage exists. Evidence may include:
- Joint bank accounts or property ownership
- Tax returns listing both individuals as spouses
- Statements from friends or family confirming the couple’s relationship
If a common-law marriage ends, the couple must go through a formal divorce. Texas treats these unions the same as traditional marriages when it comes to separation.
Rights and Responsibilities in Marriage
Marriage in Texas creates legal obligations and protections for both spouses. These rights apply regardless of whether the marriage is formal or common-law.
Property and Finances
Texas follows community property laws. Assets and debts acquired during the marriage belong equally to both spouses unless a legal agreement states otherwise. This includes:
- Income earned during the marriage
- Real estate and personal property bought while married
- Debts accumulated by either spouse
Property owned before marriage remains separate unless it becomes commingled. Couples can sign a prenuptial agreement to clarify financial matters.
Spousal Support
Texas allows spousal maintenance under specific conditions. Courts may order one spouse to provide financial support after a divorce if the other:
- Lacks enough income to meet basic needs
- Was married for at least 10 years and cannot earn sufficient income
- Has a disability that prevents them from working
- Cares for a disabled child and cannot work full-time
Support payments depend on the length of the marriage and the financial situation of both spouses.
Marriage and Legal Name Changes
Marriage allows one or both spouses to change their last names. Texas does not require a legal petition for a name change if it occurs due to marriage. A marriage certificate serves as legal proof when updating identification documents.
To change a name after marriage, individuals must update:
- Social Security records
- Driver’s licenses or state IDs
- Bank accounts and credit cards
Some people keep their original names, and Texas law does not require spouses to share a last name.
Ending a Marriage in Texas
Texas law provides guidelines for ending a marriage through divorce or annulment. The process varies based on the circumstances of the couple.
Divorce in Texas
Texas offers both fault and no-fault divorce. A no-fault divorce means neither spouse must prove wrongdoing. The most common ground cited is “insupportability,” which means the marriage cannot continue due to conflict or differences.
Fault-based divorces require one spouse to prove the other caused the marriage to fail. Grounds include:
- Adultery
- Cruelty or abuse
- Abandonment for at least one year
- Felony conviction and imprisonment
- Living apart for at least three years
Divorces involve property division, child custody, and spousal support. Texas requires a 60-day waiting period before finalizing a divorce unless special circumstances apply.
Annulment
Annulments differ from divorce because they declare a marriage invalid. A marriage may qualify for annulment if:
- One spouse was underage without proper consent
- One spouse was forced into the marriage
- One spouse was under the influence of drugs or alcohol during the wedding
- Fraud or deception influenced the marriage decision
If a court grants an annulment, it treats the marriage as if it never existed.
Marriage and Taxes in Texas
Texas does not have a state income tax, but marriage affects federal tax filings. Couples can file jointly or separately. Filing jointly often provides tax benefits, including:
- Higher standard deductions
- Lower tax rates in certain brackets
- Eligibility for more credits and deductions
Some couples may choose to file separately if it benefits their financial situation.
Conclusion
Texas marriage laws define the requirements, rights, and responsibilities for spouses, offering a clear framework for relationships. Understanding the definition of marriage in Texas helps couples make informed decisions about their commitments and future together. Whether entering a formal marriage with a license or a common-law marriage based on cohabitation and intent, it’s crucial for couples to be aware of their legal rights and obligations. Knowledge of these laws ensures that both parties are prepared for the responsibilities that come with marriage.
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Other Articles you may be interested in:
- Can You Turn an Unhappy Marriage Into a Happy Marriage? Perspective From a Texas Family Attorney
- Does a Sexless Marriage Count as ‘Insupportability’ in Divorces?
- What is an Informal Marriage in Texas? How to Prove and Protect Your Rights
- Common Questions about Texas Prenuptial and Marital Agreements
- Should I sign a Texas Premarital or Prenuptial Agreement?
- My Fiancé wants me to sign a Texas Prenup. What should I do?
- Making Postnuptial Agreements Stick in a Texas Divorce
- Attacking the Enforceability of a Premarital Agreement in a Texas Divorce
- Dower Contracts and a Texas Divorce
- Dangers of Common Law Marriage with Estate Planning
- Why do police marriages fail?
- Can Common Law Marriage be Backdated / Is Obergefell Retroactive?
FAQs
Yes, married parents have a legal obligation to financially support their children. Child support obligations are determined by the court, considering factors such as income and the needs of the child.
Texas allows for no-fault divorce, meaning a couple can seek divorce based on the grounds of insupportability (irreconcilable differences). Other fault-based grounds include cruelty, adultery, abandonment, felony conviction, or living apart for at least three years.
In the case of divorce, the court will address matters such as property division, child custody, child support, and alimony. If the marriage is annulled, it is legally declared void as if it never took place.
Yes, spousal privileges exist in Texas, allowing a spouse to refuse to testify against their partner in court, protecting the confidentiality of their private communications.
A marriage license in Texas is valid for 90 days from the date of issuance. The marriage ceremony must take place within this period.
