Texas marriage laws recognize two ways to become legally married: a formal marriage with a license and ceremony, or an informal (common law) marriage established by agreement, cohabitation, and public representation. Both carry identical legal rights and obligations. The formal path means applying for a license at any county clerk’s office, waiting 72 hours, and having an authorized officiant perform the ceremony. The informal path requires no license and no ceremony, but you have to meet all three elements the statute lays out.
Who Can Legally Marry in Texas
You must be at least 18 years old. A person under 18 can marry only if a Texas court (or another state’s court) has issued an order removing the disabilities of minority for general purposes, which effectively treats the minor as a legal adult.1State of Texas. Texas Family Code 2.003 – Application for License by Minor The same age floor applies to informal marriages: nobody under 18 can be a party to a common law marriage or sign a declaration of informal marriage.2State of Texas. Texas Family Code 2.401 – Proof of Informal Marriage
Marriage between close relatives is void. That covers ancestors and descendants (parent-child, grandparent-grandchild), siblings of the full or half blood (including by adoption), and aunts or uncles marrying nieces or nephews.3State of Texas. Texas Family Code Chapter 2 – The Marriage Relationship Same-sex couples have the full legal right to marry in Texas, and this applies to both formal and informal marriages.
Remarriage After a Recent Divorce
If you have just divorced, you cannot marry someone new until at least the 31st day after the divorce decree is signed.4State of Texas. Texas Family Code 6.801 – Remarriage One exception: you can remarry your former spouse at any time, with no waiting period.
How to Get a Marriage License
Both people have to appear in person at any Texas county clerk’s office. Bring a valid government-issued photo ID (driver’s license, state ID, passport, or military ID). You’ll each provide your Social Security number, full legal name, place of birth, and details about any prior marriages, including when and where they ended. The application is signed under oath in front of the clerk.
Fees vary by county but generally run $60 to $80. You can reduce that significantly by completing a state-approved premarital education course through the Twogether in Texas program. Finishing the course saves $60 on the license fee and also waives the 72-hour waiting period.5Twogether In Texas. Twogether In Texas Marriage Education with Benefits Active-duty members of the National Guard or armed forces preparing for deployment to a hostile fire zone are exempt from the license fee entirely.
Waiting Period, License Validity, and the Ceremony
The 72-Hour Waiting Period
Once the clerk issues your license, you generally cannot hold the ceremony for 72 hours.6State of Texas. Texas Family Code 2.204 – 72-Hour Waiting Period; Exceptions Several exceptions let you skip the wait:
- Completing the Twogether in Texas course (at least eight hours) eliminates the waiting period.
- Members of the armed forces on active duty, plus Department of Defense employees and contractors, are exempt.
- A judge, justice of the peace, or associate judge can sign a written waiver if good cause exists.
How Long Your License Lasts
The license expires 90 days after issuance. If the ceremony hasn’t happened by then, the license is void and you’d need to apply again.7State of Texas. Texas Family Code 2.201 – Expiration of License
Who Can Perform the Ceremony
Texas law authorizes two groups to officiate:8State of Texas. Texas Family Code 2.202 – Persons Authorized to Conduct Ceremony
- Licensed or ordained Christian ministers and priests, Jewish rabbis, and officers of any religious organization authorized by that organization to perform marriages.
- Any current, former, or retired federal or state judge.
After the ceremony, the officiant records the date and location on the license and returns the completed document to the county clerk who issued it. The clerk files the license in the public record and mails the original back to the couple. Make sure this step actually happens. If the license never gets returned, proving the marriage later can become a real problem.
Common Law Marriage in Texas
Texas is one of a handful of states that still allows couples to establish a legally recognized marriage without a license or ceremony. An informal marriage carries the exact same legal weight as a formal one: the same property rights, the same inheritance protections, and the same requirement for a formal divorce to end it.
The Three Required Elements
All three must exist at the same time:2State of Texas. Texas Family Code 2.401 – Proof of Informal Marriage
- An agreement to be married in the present tense, not a plan to marry someday.
- Living together as spouses in Texas after that agreement. There is no minimum duration and no “seven-year” rule.
- Holding out to others that you are married. Introducing each other as spouses, wearing wedding rings, filing joint tax returns, or signing documents as a married couple all count.
Both of you must be 18 or older, and neither can already be married to someone else.
Filing a Declaration of Informal Marriage
Couples can formalize an informal marriage by signing a Declaration and Registration of Informal Marriage at the county clerk’s office. The form is signed under oath and recorded in the county’s vital records.9State of Texas. Texas Family Code 2.402 – Declaration and Registration of Informal Marriage Filing isn’t required to have a valid informal marriage, but it creates a clear public record with a specific date. Without it, proving the marriage later, especially in a dispute over property or benefits, can be much harder.
The Two-Year Presumption
If you separate and don’t file a legal proceeding to prove the marriage within two years of the date you stopped living together, Texas law presumes no agreement to be married ever existed.2State of Texas. Texas Family Code 2.401 – Proof of Informal Marriage The presumption is rebuttable, meaning you can still try to prove the marriage existed, but the burden shifts to you and courts are skeptical once the clock runs out.
Ending an Informal Marriage
You cannot end an informal marriage by moving apart. Because the law treats it identically to a formal marriage, you need an actual divorce. You can file no-fault or fault-based, seek a division of marital property, request spousal support, and address child custody and support if children are involved.
Recognition in Other States
If you establish a valid informal marriage in Texas and then move to a state that doesn’t allow common law marriages, that state must still recognize your Texas marriage under the Full Faith and Credit Clause of the U.S. Constitution. Your marriage does not evaporate at the state line.
Community Property Rules
Texas is a community property state, and this affects nearly every financial decision you make as a married couple. The basic rule: anything either spouse earns or acquires during the marriage belongs equally to both, regardless of who earned it or whose name is on the account.10State of Texas. Texas Family Code 3.002 – Community Property
Separate property, which each spouse owns individually, includes anything owned before the marriage plus gifts and inheritances received during it. The distinction matters in a divorce, where a court divides community property in a “just and right” manner but cannot touch separate property. It also matters at death, because you can leave only your share of community property in a will, not your spouse’s half. If you are bringing significant assets into a marriage or expect a large inheritance, this is worth a conversation with an attorney before the wedding.
Changing Your Name After Marriage
If you change your name, updating government records in the right order saves headaches. Start with Social Security, because most other agencies require your Social Security name to match before they will process a change.
The Social Security Administration recommends waiting at least 30 days after the marriage date before requesting a replacement card with your new name. You’ll need your marriage certificate and a valid photo ID. Many applicants can complete the process online, though some will need to bring documents to a local Social Security office.11Social Security Administration. Just Married? Need to Change Your Name?
Once your Social Security card reflects the new name, update your U.S. passport. If your current passport was issued within the last year, the name change is typically processed at no charge using form DS-5504. Expedited processing carries an additional $60 fee.12U.S. Department of State. Name Change for U.S. Passport or Correct a Printing or Data Error After those two are done, update your Texas driver’s license at a DPS office with your new Social Security card and marriage certificate in hand.