While Texas is generally relatively lax on marriage laws, it falls in line with other states on this matter. There are no laws dictating how many times you can marry in Texas—you can get married as many times as you want, as long as each previous marriage is legally ended. The number of times you can marry is not limited by Texas law, similar to the approach in other states.

However, while getting married, whether it is for the first time or the hundredth, there are some things you want to keep in mind before proceeding. Texas law only allows one marriage at a time, meaning you can only have one spouse at a time. People can be married multiple times in their lifetime, but not to multiple spouses at once. Multiple marriages are permitted sequentially, provided each prior marriage is legally dissolved before entering into a new one.

How Many Times Can You Get Married in Texas?

If you have never married previously, are divorced, or are a widow, feel free to marry and remarry as often as you wish in Texas. To legally marry again in Texas, any previous marriages must be legally ended. So long as there is proof that both parties agree to be married and are unmarried at the time of the new marriage, the union will be legal so far as the number of married people is concerned.

However, the State of Texas does dictate that no marriage would be legal if one or both parties were already actively married. In this matter, there is a legal limit to how many people you can marry in Texas. Texas law only allows one legal spouse at a time and prohibits multiple spouses. You may only be legally married to one person at a time in Texas.

This means that while there is no limit to the number of sequential marriages you can have, bigamy, or being married to multiple people simultaneously, is a criminal offense under the Texas Penal Code. A new marriage license is required for each marriage.

Engaging in bigamy can result in serious legal consequences, including fines and imprisonment. Therefore, before entering into a new marriage, it is essential to ensure that any previous marriage has been legally ended either through divorce, annulment, or the death of a spouse. There is also a waiting period after a divorce before you can remarry, except under certain circumstances.

Failing to follow these rules can lead to legal complications, and there may be other restrictions depending on individual circumstances.

What Circumstances Would Delegitimize a Marriage?

There are several instances, outside of either party having already been married, that would render a marriage annulled or illegal:

  • One person is under 18 years old and does not have proof of a court-ordered document that removes their “disabilities of minority of the party for general purposes” status.
  • If the two were proven to have been related.
  • If it is proven that one of the spouses had not consented to the marriage.

In addition to these, Texas law requires that both parties obtain a valid marriage license from the county clerk’s office before the marriage ceremony, except in the case of common law marriages. Failure to obtain a marriage license or adhere to other legal requirements may also invalidate the marriage.

A formal marriage in Texas, also known as a ceremonial marriage, requires both a marriage license and a formal ceremony. This process is different from a common law marriage, which does not require a formal ceremony or marriage license.

How is Common Law Marriage Recognized in Texas?

Common-law marriages, also known as “informal marriages” in Texas, are considered legal if certain requirements are met:

  1. Both parties agree to be married
  2. Both parties agree to live as a married couple in Texas
  3. Both parties agree to identify themselves to other people as a married couple in Texas
  4. Both parties sign a Declaration of Informal Marriage and file it with their local court clerk

Unlike traditional marriages, which require a formal ceremony and marriage license, common law marriages are recognized based on the couple’s actions and intent without a formal ceremony. Couples in a common law marriage, once their marriage is legally recognized, have the same rights as those in traditional marriages, including rights to spousal support, property division, and other legal implications under Texas family code. The legally recognized date of a common law marriage can be important for determining community property division, alimony eligibility, and other legal matters.

Same sex couples can also enter into common law marriages in Texas, and the same rules apply to same sex relationships as to opposite sex couples. There is no certain period of cohabitation required for a common law marriage to be recognized in Texas; the law does not specify a minimum duration.

For example, a couple might prove their common law marriage to the courts by presenting evidence such as joint property ownership, shared bank accounts, or testimony from family members who recognize the relationship as a marriage. Courts may require testimony from one party or family members to establish the existence of a common law marriage. It is important to note that there is no such thing as a “common law divorce” in Texas; couples in a common law marriage must go through the same formal divorce process as those in ceremonial marriages.

The Issue of Child Brides in Texas Marriage Law

Texas has a complex history when it comes to child brides, with past instances of minors being married at a young age—sometimes without their full consent. In response to growing concerns about the welfare of minors, recent changes to Texas law have significantly tightened the requirements for anyone under 18 seeking to get married in Texas.

Under the current Texas Family Code, it is now illegal for anyone under the age of 16 to marry, regardless of circumstances. For those aged 16 or 17, marriage is only permitted if a court order is obtained, ensuring that the minor’s best interests are carefully considered by the court. This legal shift is designed to prevent forced marriages and protect minors from exploitation, aligning Texas marriage laws with modern standards for safety and consent.

These changes are especially important because child brides often face unique challenges, such as limited access to education and a higher risk of domestic violence. By requiring a court order and raising the minimum age for marriage, Texas law now prioritizes the well-being and safety of minors, making it much more difficult for underage marriages to occur without proper oversight.

Family law attorneys play a vital role in these situations, helping families navigate the legal requirements for marriage licenses, court orders, and the complexities of common law marriage. Whether you are considering a traditional marriage, an informal marriage, or have questions about the legal implications of marrying as a minor, consulting a knowledgeable family law attorney is essential to ensure compliance with Texas law.

By addressing the issue of child brides, Texas demonstrates a commitment to protecting vulnerable individuals and upholding the principles of healthy, consensual marriages. As marriage laws continue to evolve, it is crucial for anyone considering marriage in Texas to understand their rights and obligations, seek professional legal guidance, and ensure that all legal requirements are met before getting married.

Why Do I Need to See a Family Law Attorney Before Getting Married in Texas?

While it is much more commonly associated with those seeking a divorce, soon-to-be-married couples should seek out the help of a family law attorney. In a community property state like Texas, property acquired during marriage is subject to division during a Texas divorce. Marital status can also affect Social Security benefits and other legal rights.

A family law attorney’s guidance can be crucial in planning for important things like pre-nuptial agreements, estate planning, and other vital parts of planning a long and successful legal relationship. Consulting a family law attorney can help you understand the legal implications of marriage and divorce in Texas, including how community property laws and property acquired during marriage may impact you.

Remember that marriage is a lawful contract, and you would never agree to a business contract without discussing the terms with a lawyer. Why would a social contract be any different?

Before you state your vows, consult with an experienced attorney by calling 817-285-2855. We’ll help you ensure your and your spouse’s new forever.