Marriage Laws in Texas

Marriage has always seemed like a simple premise that involves a union between two individuals socially and legally. Marriage has long been a legal way of defining obligations and rights between two people who choose to promise each other forever. However, beyond this romantic notion, marriage has always been a legal institution that has existed primarily to regulate property among spouses and family members, as well as to determine who is a part of a family in legal terms. Despite this overarching purpose, the specifics of marriage laws can vary slightly from state to state. Texas marriage laws differ from those of other states in the US, reflecting the unique legal and cultural nuances that they have instated in the state.

The best way to learn about all the Texas marriage laws and requirements is to reach out to a knowledgeable Texas marriage lawyer, such as Eric M. Willie. While we aim to cover the basics here, marriage laws can be confusing as they differ from one state to another, and may require professional insight to fully understand your unique situation. Don’t hesitate to contact Eric if you have any questions or need personalized guidance when getting married or pursuing a prenuptial agreement to ensure you’re well-informed and prepared for your marital journey.

If you are searching for the best Texas marriage lawyer near you, contact Eric M. Willie at 737-204-7742 for a Consultation. We are here to help you through the tough times.

Texas Marriage Laws, Marriage Laws in Texas, Marriage Law Attorney Near You in Texas

What Considers You Legally Married in Texas?

When wondering if you are considered to be legally married in Texas, it’s important to know that there are two types of marriages recognized in the state: formal and common-law. Each type has its own specific requirements, and whether you are following the requirements for either type will determine if you are considered to be legally married in Texas.

Formal Marriage In Texas

A formal marriage in Texas is the most common type of marriage. To be legally wed in Texas, you must have obtained a marriage license and participate in some sort of ceremony to celebrate the union. This ceremony can be done at a wedding event or at the courthouse by a:

  • Licensed or ordained minister
  • Priest
  • Rabbi
  • Justice of the Peace
  • Judge

Marriage laws in Texas require a 72-hour waiting period after obtaining a marriage license, meaning there must be a 72-hour period between obtaining your license and your wedding ceremony. However, this waiting period can be waived for active-duty military personnel, couples with a written waiver from a judge, or those who participate in a certified premarital course in Texas. Unlike other states, there are no blood tests, medical exams, or witnesses required to be formally married.

Common Law Marriage In Texas

Common law marriage, which is also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to be married in Texas. According to Texas marriage laws, a common law marriage can be officially established if the couple meets three specific requirements:

  1. They must agree to be married
  2. They must live together in Texas as husband and wife after making this agreement
  3. They must represent to others that they are married

These requirements of a common law marriage must be proven through evidence to establish the validity of the common law marriage if it is ever questioned in legal matters.

Penalties For Committing An Unauthorized Marital Ceremony

Texas Marriage Laws, Marriage Laws in Texas, Marriage Law Attorney Near You in Texas

Conducting an unauthorized marriage ceremony in Texas carries significant legal penalties. If a person knowingly conducts a marriage ceremony without proper authorization, such as not being an ordained minister or being untruthful about their being a priest, they have committed a Class A misdemeanor. Additionally, if a person knowingly conducts a marriage ceremony for a minor whose marriage is prohibited by Texas marriage law age requirements or for an individual committing the offense of bigamy, they have committed a third-degree felony. These penalties highlight the importance of adhering to legal requirements when performing marriage ceremonies.

Texas Age Requirements For Marriage

There are specific age requirements outlined in the Texas marriage laws. Individuals must be at least 18 years old to marry without consent from their parent or guardian. However, those who are over the age of 16 but under 18 must obtain consent from a parent or legal guardian to legally marry. These age requirements ensure that individuals entering into marriage are of a suitable age to make such a significant commitment, and to prevent child brides. Eric is considered to run one of the best Texas divorce attorney law firms in the area.

What Are Void Marriages In Texas?

According to Texas marriage laws, a marriage can be determined to be void under specific circumstances. A marriage is considered void if:

  • It involves individuals who are under the required age to marry. Meaning anyone under the age of 16, or those under the age of 18 who do not have parental consent.
  • The spouses are related by blood or adoption
  • If one of the individuals is already married
  • Marriages involving incest, where the spouses are related by blood or by adoption
  • Bigamy, where one spouse is already married to someone else and has not yet been divorced
  • Marriages where the spouses are currently or formerly stepparent and stepchild

A void marriage is not valid under Texas law, and the married individuals cannot agree to make it valid. A suit to declare a marriage void is a legal process that officially ends a legally invalid marriage. Once a Texas court enters an order declaring the marriage void, it is as if the marriage never happened, and no marital benefits will be offered or bestowed on either of the individuals involved in the marriage.

How A Texas Marriage Lawyer Can Help Ensure Your Marriage Is Valid

A Texas marriage lawyer like Eric M. Willie can assist with making sure your marriage adheres to all marriage laws in Texas in the following ways:

  • Understanding Texas Marriage Laws – Mr. Willie provides experienced and knowledgeable legal guidance on both formal and common law marriage requirements. For example, he can clarify the steps and requirements needed to establish a common law marriage. This includes helping to establish that you and your partner have been living together and presenting yourselves as married without a formal ceremony.
  • Obtaining and Filing the Marriage License – He also assists with obtaining and helping with properly filing the necessary marriage license. This includes notifying you of the 72-hour waiting period and ensuring all documentation is completed correctly to avoid delays. For instance, he can help expedite the marriage license process if you’re eligible for a waiver of the waiting period due to active military service or premarital education.
  • Addressing Age and Consent Requirements – Providing information on legality according to age and making sure you are in compliance with age requirements is also a part of the legal marriage services Mr. Willie offers. If one partner is under 18, he can facilitate obtaining parental consent and court approval on their behalf, ensuring that all legal steps are followed to make the marriage valid.
  • Understanding Prohibited Marriages – He offers advice on avoiding issues related to incest, bigamy, and other prohibited marriages that would be considered void. For example, if you’re unsure about familial relationships or an already current marriage that might affect the legality of your marriage, he can provide clarity on the matters. This includes which relationships are considered prohibited under Texas law.
  • Representing in Legal Proceedings – Mr. Willie will also represent your best interests when it comes to legal disputes or issues related to the validity of your marriage. If there is a question about the legality of your marriage due to unforeseen complications, such as a prior unreported marriage, or trouble proving a common law marriage, he can handle the legal proceedings to resolve any disputes and ensure your marital status is recognized.
  • Creating a Prenuptial Agreement – Assisting in drafting a prenuptial agreement to protect your assets and outline financial arrangements before marriage is also a legal service that Mr. Willie is proud to provide. For example, if you have significant assets or specific financial concerns, a prenuptial agreement can be drafted to clearly define property rights and responsibilities, providing peace of mind for both parties.

Contact an Experienced Texas Marital Law Attorney Near You

Texas Marriage Laws, Marriage Laws in Texas, Marriage Law Attorney Near You in Texas

If you are searching for the best Texas marriage lawyer near you, contact Eric M. Willie at 737-204-7742 for a Consultation. We are here to help you through the tough times.

If you have any questions or concerns regarding the validity of your marriage, don’t hesitate to reach out to Eric M. Willie for legal assistance. Consulting with a knowledgeable Texas marriage lawyer can provide you with clarity and ensure that all Texas marriage laws are properly adhered to. Whether you’re dealing with complex issues or simply seeking reassurance in certain legal marital matters, professional guidance is just a phone call away.

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