Before we talk divorce, it is probably imperative to know how to get married! Are you and your spouse even legally married? In Texas, a legal marriage is also referred to as a formal marriage or a ceremonial marriage. Texas, and some other states, considers common law marriage legal. That is a discussion for a different day. This article addresses the steps necessary to get legally married in Texas.

1. Obtain a marriage license.

You must obtain a marriage license from the county clerk.

2. Be 18 years of age or older.

Applicants must be 18 or older and must present proof of age and identity to the county clerk when applying for a marriage license.

3. If you are a minor, you must obtain 1) parental consent, 2) a court order, or 3) show that an earlier marriage has been dissolved.

First, a minor can obtain a marriage license with parental consent, however, the following requirements must be met: 1) you muse be 16 or older, 2) the parent must have the right to consent (for minor’s with divorced parents, the divorce decree should state which parent is given this right), 3) the parent must provide proof of identity and authority to consent, 4) the consent must be in writing (a form is usually provided), 5) the written consent must be acknowledged and signed before a county clerk or another official, 6) the consent must be given at the same time as the application for a marriage license or prior to applying, not to exceed 30 days.

Second, a minor can also obtain a marriage license by asking the court. This is known as petitioning the court. There is no age requirement for a court order to obtain a marriage license.

Lastly, a minor can obtain a marriage license by showing an earlier marriage was dissolved by divorce. If a minor has been married in the past, Texas allows the minor to retain his or her status as an adult.

4. Your future spouse must not be a prohibited spouse by law.

The following is a list of people you are not allowed to marry:

• Brother or sister (whole, half, or adopted)
• Uncle or aunt (whole, half, or adopted)
• Nephew or niece (whole, half, or adopted)
• First Cousin (whole, half, or adopted)
• Current of former stepchild or stepparent
• Ancestor or descendant (blood or adopted)

5. You and your spouse must not currently be married.

The only exception to this rule is if you and your spouse are married to each other, and you are seeking to renew your vows.

6. You and your spouse must not be recently divorced.

Regardless of whether the divorce took place in Texas, divorced parties must wait 30 days in order to obtain a marriage license. The only exceptions are: 1) divorced spouses who are remarrying each other, and 2) there is a court order waiving the 30-day waiting period.

7. Obtain a marriage license in the given timeframe.

You must apply for a marriage license at least 72 hours before your ceremony, and not more than 89 days before the ceremony.

8. Both parties must be present when applying for the marriage license.

Both parties must appear together at the county clerk’s office to obtain a marriage license. There are special exceptions where an adult applicant can apply on behalf of one or both parties.

9. Present proof of your identity and age.

Identity and age can be proven with a valid driver’s license, a passport, or an unexpired Certificate of U.S. Citizenship to name a few.

10. Pay the license fee.

You must pay the licensing fee. In Texas, the fee is $60.

11. Have a marriage ceremony.

After you receive your marriage license, you must appear as a couple before an authorized person who will conduct the marriage ceremony. This person can be: 1) certain judges, 2) a person who is an officer of a religious organization, 3) a licensed or ordained Christian minister or priest, or 4) a Jewish rabbi.

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