Texas has one of the most open approaches to marriage in the U.S., and if you’re wondering how many times can you get married in the state of Texas, the short answer is there’s no lifetime cap. You can tie the knot, walk away, and walk right back down the aisle again as many times as you want — just be sure each prior marriage has ended legally before starting a new one.
This guide explains what you need to know about marriage in Texas. It covers legal eligibility, types of marriage, and what happens if a relationship ends. It also touches on related issues like premarital agreements and marriage fraud. Whether you are planning your first wedding or simply want to understand the legal rules, this overview provides clear and practical guidance.
Who can legally marry in Texas?
Before planning a wedding date or sending out invitations, it’s important to make sure you actually meet the legal requirements to marry in Texas. The Texas Family Code lays out specific eligibility rules designed to protect both parties and ensure the marriage is valid from the start. If those requirements are not met, a marriage could be void or voidable, which can create serious legal complications later.
Legal eligibility
To get married in Texas, both people must be legally free to marry. This means neither person can have a current spouse from a prior marriage. They must also meet age and consent requirements under the Texas Family Code. Marriage is a legal contract under Texas law. Certain basic qualifications must be met before that contract is valid.
- You must not already be married (bigamy is a felony).
Texas Penal Code §25.01 makes it a criminal offense to marry someone while you are still legally married to another person. Even if a divorce is pending but not finalized, you cannot legally remarry until the court signs the final divorce decree. - Both parties must generally be at least 18 years old or legally emancipated.
As of current Texas law, individuals must be 18 or older to marry unless they have obtained a court order removing the disabilities of minority (emancipation). - If under 18, a court order removing age disabilities is required.
Parental consent alone is not sufficient. A minor must first obtain a court order granting legal emancipation before a county clerk can issue a marriage license. - Close relatives cannot legally marry.
Texas law prohibits marriage between certain family members, including ancestors and descendants (by blood or adoption), siblings (whole or half blood), aunts and uncles, and nieces and nephews. Marriages that violate these prohibitions are considered void.
In addition to these rules, both parties must have the mental capacity to consent to marriage. If a person lacks the ability to understand the nature of the marriage contract due to mental incapacity, the marriage may later be subject to annulment.
Marriage license basics
A marriage license must be obtained from a county clerk’s office before you’re legally married in Texas. You can apply in any Texas county, regardless of where you live, and the license is valid statewide. Both applicants typically must appear in person, provide valid identification, and pay the required fee.
The ceremony usually cannot occur until 72 hours after the license is issued unless exceptions apply, such as:
- One applicant is an active-duty member of the U.S. armed forces
- A judicial waiver is granted for good cause
- The couple completes an approved premarital education course and presents the certificate
Once issued, the marriage license remains valid for 90 days. If the ceremony does not take place within that timeframe, the couple must apply for a new license. Ensuring compliance with these procedural requirements helps protect the validity of the marriage and prevents avoidable legal issues down the road.
Types of marriage
Texas law recognizes more than one way to create a valid marriage. While most couples choose a traditional ceremony with a license and officiant, Texas also acknowledges informal marriages that arise without a formal wedding. Understanding the difference is important because both forms, when properly established, carry the same legal weight and consequences.
Ceremonial (Licensed) marriage
This is the traditional marriage most people think of: you obtain a license, the ceremony is performed by someone legally authorized (judge, minister, rabbi, or other approved officiant), and the marriage is recorded with the county. It is sometimes referred to in the Texas Family Code as a ceremonial marriage.
To complete a valid ceremonial marriage in Texas:
- The couple must obtain a marriage license from a Texas county clerk.
- The ceremony must be conducted by someone authorized under Texas law to perform marriages.
- The officiant must complete and return the license to the county clerk for proper recording.
Once the license is returned and recorded, the marriage becomes part of the official public record. Ceremonial marriages provide clear documentation of the date the marriage began, which can be important for issues like property division, retirement benefits, and inheritance rights later on.
Common-law (Informal) marriage
Texas recognizes common-law marriage, known in the statute as “informal marriage.” Couples can be considered legally married even without a ceremony or license if specific legal elements are met. This surprises many people, but Texas is one of the states that fully recognizes this form of marriage.
For an informal marriage to exist, the couple must:
- Agree to be married
- Live together in Texas as spouses
- Represent to others that they are married
All three elements must be present. Simply living together for a long time does not automatically create a marriage. There must be evidence of an agreement and public representation, such as introducing each other as husband or wife, filing joint tax returns, or listing one another as a spouse on official documents.
Once established, an informal marriage has the same legal status as a ceremonial one. That means property acquired during the relationship may be considered community property, and ending the relationship requires a formal divorce — not just a breakup. Couples may also file a Declaration of Informal Marriage with the county clerk to create official documentation, though this step is optional and not required to make the marriage valid.
Legal rights and effects of marriage
Marriage in Texas is more than a ceremony — it’s a legal status that immediately creates rights, responsibilities, and financial consequences. Once you’re legally married, state and federal laws begin to treat you as a single economic and legal unit in many important ways. These effects can influence everything from taxes and retirement planning to medical decisions and parental rights.
Understanding these legal changes is essential, especially if you are entering a marriage with property, children, or long-term financial plans already in place.
Key legal effects
Below is a summary of some of the most significant legal rights and benefits that typically arise once a couple is legally married in Texas:
| Legal Effect | What It Means in Practical Terms |
|---|---|
| Tax and financial benefits | Married couples may file joint federal income tax returns, potentially qualifying for expanded tax brackets, deductions, and credits. Joint filing can simplify financial reporting and sometimes reduce overall tax liability. |
| Social Security and retirement benefits | A spouse may qualify for retirement, disability, or survivor benefits based on the other spouse’s earnings record. This can provide long-term financial protection. |
| Medical decision-making authority | Spouses generally have priority to make healthcare decisions if one partner becomes incapacitated. This authority can be critical during medical emergencies. |
| Inheritance rights | Even without a will, a surviving spouse may have statutory inheritance rights under Texas intestacy laws. Marriage provides automatic legal standing that unmarried partners do not receive. |
| Health insurance access | Many employers allow a spouse to be added to employer-sponsored health insurance plans, expanding coverage options. |
| Paternity presumption | If a child is born during a marriage, Texas law presumes the spouse is the legal parent. This simplifies parental rights and responsibilities, including custody and child support. |
These legal effects apply whether the marriage is ceremonial or informal (common-law), as long as it is valid under Texas law.
Marital property
Texas is a community property state, which means that most property acquired by either spouse during the marriage is presumed to belong to both spouses equally. This includes wages, real estate purchased during the marriage, retirement contributions made while married, and many other assets.
However, certain property may be classified as separate property, such as:
- Property owned before the marriage
- Gifts received individually
- Inheritances received by one spouse
- Personal injury recoveries (in some cases)
If a marriage ends in divorce, Texas courts divide community property in a manner that is “just and right,” which does not always mean a strict 50/50 split. The court may consider earning capacity, fault in the breakup of the marriage, and the needs of children when making that determination.
Premarital agreements
Prenuptial, or premarital, agreements allow couples to define financial rights and responsibilities before getting married. These agreements can address:
- How property will be characterized (separate vs. community)
- How assets will be divided in divorce
- Whether spousal maintenance will be limited or waived
- Debt allocation between spouses
To be enforceable in Texas, a premarital agreement must generally be in writing and signed by both parties voluntarily. When properly drafted, these agreements provide clarity and predictability, helping couples reduce uncertainty if the marriage later ends.
Ending a marriage in Texas
Not every marriage lasts forever, and Texas law provides structured legal processes for ending a marital relationship. Whether a couple seeks to invalidate a marriage from the beginning or formally dissolve a valid one, the law sets out specific procedures and requirements. Understanding the difference between annulment and divorce — and what issues must be resolved — can make an already difficult situation more manageable.
Annulment vs. divorce
An annulment legally declares a marriage void or voidable, meaning the court treats it as though it should not have existed in the first place. Annulments are not granted simply because a marriage did not work out. Instead, they are based on specific statutory grounds under the Texas Family Code, such as fraud, duress, mental incapacity, intoxication at the time of the ceremony, concealment of a prior divorce within 30 days, impotence, or underage marriage without proper court authorization. If granted, an annulment erases the legal validity of the marriage from its inception.
A divorce, on the other hand, is the legal process used to end a valid marriage. Texas allows both fault-based and no-fault divorces. The most common ground is insupportability, which means the marriage cannot continue due to conflict or discord without reasonable hope of reconciliation. Fault-based grounds may include adultery, cruelty, abandonment, felony conviction, or confinement in a mental hospital under certain conditions. Unlike annulment, divorce acknowledges that a valid marriage existed but formally dissolves it moving forward.
Divorce basics
Under Texas law, there are threshold requirements before a court can grant a divorce. These rules ensure the Texas court has proper jurisdiction over the case.
- Residency requirements: At least one spouse must have lived in Texas for a minimum of six months and in the county where the divorce is filed for at least 90 days.
- Mandatory waiting period: Texas imposes a 60-day waiting period from the date the divorce petition is filed until the court can finalize the divorce. There are limited exceptions, such as cases involving family violence.
During the divorce process, couples may resolve issues through negotiation, mediation, or litigation. If they cannot agree, a judge will decide the contested matters after reviewing evidence and testimony.
Children, support, and property
Divorce becomes more complex when children or significant assets are involved. Texas courts must address several core issues before granting a final decree:
- Child custody (conservatorship): Courts determine decision-making rights and parenting time based on the child’s best interests. Texas law generally favors arrangements that allow both parents to remain actively involved when safe and appropriate.
- Child support: The noncustodial parent typically pays child support based on statutory guidelines tied to income and number of children.
- Spousal maintenance: In limited circumstances, a court may award spousal support if statutory requirements are met, such as long-term marriage combined with financial need.
- Division of property: Because Texas is a community property state, marital assets and debts are divided in a manner the court considers just and right, which may not always be an equal split.
In every case involving children, the guiding principle is the best interest of the child. Judges evaluate factors such as stability, parental involvement, safety, and the child’s emotional and physical needs when making decisions that shape the family’s future.
Related legal issues
Marriage law does not operate in isolation. Beyond the ceremony, license, and potential divorce, there are several related legal issues that can significantly impact couples in Texas. Some of these issues arise when couples choose not to marry, while others involve criminal consequences or immigration concerns. Understanding these related areas helps ensure that individuals make informed decisions and avoid unintended legal problems.
Bigamy and polygamy
Texas law strictly prohibits being married to more than one person at the same time. Under the Texas Penal Code, bigamy is a criminal offense that can be charged as a felony. Even if a person believes a prior marriage is invalid or thinks a divorce is finalized, entering into another marriage before legally dissolving the first one can expose them to serious criminal penalties. Texas does not recognize polygamous marriages, even if they were entered into in another jurisdiction that permits them.
Cohabitation agreements
Not all couples choose to marry, but living together without marriage does not automatically create the same legal rights and protections. Unmarried partners may use a cohabitation agreement to define financial responsibilities, property ownership, and expectations during the relationship and if it ends. These agreements can clarify who owns certain assets, how shared expenses are handled, and how property will be divided if the couple separates. Without such an agreement, disputes may become complicated because unmarried partners do not receive the automatic protections granted to spouses under Texas community property law.
Marriage fraud
Marriage fraud involves entering into a marriage for deceptive or unlawful purposes, most commonly to evade immigration laws. Federal authorities take these cases seriously, and participating in a sham marriage can result in criminal charges, fines, and immigration consequences such as denial of benefits or removal from the United States. Beyond immigration-related fraud, any marriage entered into under false pretenses may also create grounds for annulment. For these reasons, marriages should be entered into genuinely and with full legal awareness of the obligations they create.
Conclusion
In Texas, you can ask how many times can you get married in the state of Texas and feel confident knowing there is no lifetime limit on the number of marriages you may enter into. The law does not restrict how many times you can walk down the aisle — it simply requires that each prior marriage be legally ended before a new one begins. As long as you comply with the Texas Family Code, obtain a valid marriage license (or meet the requirements for an informal marriage), and ensure you are not simultaneously married to someone else, you are free to remarry as many times as life unfolds. That flexibility makes Texas one of the more straightforward and legally accessible states when it comes to entering into marriage — provided you follow the proper legal steps each time.
Ebook
![Adobe Stock 62844981[2]](data:image/svg+xml;nitro-empty-id=MjE4NzoxNDE=-1;base64,PHN2ZyB2aWV3Qm94PSIwIDAgNjAgNjAiIHdpZHRoPSI2MCIgaGVpZ2h0PSI2MCIgeG1sbnM9Imh0dHA6Ly93d3cudzMub3JnLzIwMDAvc3ZnIj48L3N2Zz4=)
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
![Divorce Wasting Assets[4]](data:image/svg+xml;nitro-empty-id=MjE5MToxNDY=-1;base64,PHN2ZyB2aWV3Qm94PSIwIDAgNzUgNTAiIHdpZHRoPSI3NSIgaGVpZ2h0PSI1MCIgeG1sbnM9Imh0dHA6Ly93d3cudzMub3JnLzIwMDAvc3ZnIj48L3N2Zz4=)
If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!”
Other Articles you may be interested in:
- How 2022 Texas Marriage Laws Affect Same-Sex Marriages and Divorces
- The Detailed Definition of Marriage in Texas
- What Makes a Common Law Marriage Valid in Texas?
- 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?
Frequently Asked Questions: Texas Marriage
Texas law does not place a lifetime limit on how many times you can marry. You may remarry as many times as you wish, provided each previous marriage has been legally dissolved through divorce, annulment, or the death of a spouse. However, you cannot be legally married to more than one person at the same time.
Yes, for a ceremonial marriage, you must obtain a valid marriage license from a Texas county clerk before the ceremony takes place. The ceremony must also be performed by someone authorized under Texas law. The only exception is an informal (common-law) marriage, which does not require a license but must meet specific legal criteria.
Texas requires a 72-hour waiting period between the issuance of a marriage license and the ceremony, unless a statutory exception applies. In contrast, after filing for divorce, there is generally a 60-day waiting period before a divorce can be finalized. These waiting periods are designed to provide time for reflection and procedural fairness.
If you remarry before your prior divorce is legally finalized, the new marriage may be void, and you could face criminal charges for bigamy. Texas law requires that a divorce decree be officially signed by a judge before either party can legally remarry. It is critical to confirm that your previous marriage has been fully dissolved before entering into another one.
