Texas Marriage Laws

Statutes

• Texas Family Code Section 2.202 (persons authorized to conduct ceremony)
• Texas Family Code Section 2.201(expiration of license)

Validity of Marriage

Age Requirements

In Texas, you must be at least 18 to marry without consent; persons that are over age 16, but under 18 must obtain consent to marry.

All states including Texas have specific marriage license requirements.

Marriage Licenses

• Blood tests and/or physicals aren't required prior to issuance of the license; and
• Texas has no residency requirements.

72 Hour Waiting Period

You must wait 72 hours after getting the license to marry unless the following conditions apply:

• Applicant is a member of the U.S. armed forces on active duty;
• The applicant performs works for the Department of Defense as an employee or under contact
• Applicant obtains a written waiver; or
• Applicant completes a premarital education course and provides a certificate of completion that indicates completion of not more than 1 year before the marriage license application is filed with the clerk.

Marriage Ceremony

The following persons are authorized to conduct a valid marriage ceremony in Texas:

• A licensed or ordained Christian minister or priest;
• A Jewish rabbi;
• A person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony;
• A justice or judge of various courts named in the statute; or
• A retired judge or magistrate of a federal court in Texas

Penalties for Committing Unauthorized Marriage Ceremony

• If a person knowingly conducts a marriage ceremony without authorization, then they've committed a Class misdemeanor.
• If a person knowingly conducts a marriage ceremony of a minor whose marriage is prohibited by law or for a person who commits the offense of bigamy, then they've committed a felony of the third degree.

Marriage Ceremony by Proxy

A proxy marriage is only allowed if the absent party is:

• A member of the U.S. armed forces stationed in another country; and
• Unable to attend the ceremony.

Prohibition of Discrimination

An authorized person conducting a marriage ceremony cannot discriminate based on race, religion, or national origin against an applicant who is otherwise competent to be married. Although the statute doesn't address sexual orientation, same sex marriage is legal in all states including Texas.