Is There a Marriage Limit in Texas?

Originally published by Erik Larson.

No marriage limit in Texas restricts how many times you can marry, only how many people you can be married to at any given time. Like other states, it is illegal to have more than one spouse. 

There are a number of rules and limitations that apply to marriages in Texas.

For example, in addition to ceremonial marriage, Texas is one of a handful of states that recognize common law marriage, which is also called informal marriage.

If you have questions regarding your individual situation, it’s best to speak with a knowledgeable Texas family law attorney.

Marrying Multiple People

While some people desire to have multiple spouses, the law in Texas is quite clear. You are committing a crime if you are legally married and marry another person in Texas, another U.S. state, or even a foreign country. This law applies if you are in a legally recognized common law marriage as well. The marriage limit in Texas is one spouse. If you get an official divorce, you are free to marry again.

Common Law Marriage in Texas

It’s a common misconception that people end up in a common law marriage simply by living together for a certain number of years. That’s actually false. There is no specific number of years you must be cohabitating. Instead, you need to show proof that you meet these three conditions:

• You both agree to be married;
• You both agree to live together as a married couple in Texas; and
• You represent to other people you are a married couple.

All three conditions must be met simultaneously as well as all other applicable Texas marriage laws. You can make a common law marriage official by signing a Declaration of Informal Marriage and filing it with the county clerk where you reside. Once you file this document, you are afforded the same rights and privileges as couples who opt to marry through a more traditional ceremony.

Because you have the same rights and privileges, it means you also need to get a formal divorce before you can remarry. There is no such thing as a “common law divorce.”

Age Requirements to Marry in Texas

If you are not yet 18, you cannot legally marry in Texas without proof that there is a court order removing “the disabilities of minority of the party for general purposes.” This court order could be from a Texas court or another state. Without it, marrying someone under the age of 18 renders the marriage void.

What to Know About Divorce in Texas

Because Texas is a community property state, your legally recognized date of marriage is important. Your marriage date is also crucial for alimony, as one of the criteria is that you can show the marriage lasted for ten or more years. This requirement may be waived under certain circumstances.

Contact a Texas Family Law Attorney with Questions

If you have questions about marriage laws or are considering a divorce, contact the Larson Law Office to schedule a consultation. We are a family-owned and operated law firm serving Houston and the surrounding areas.

When you meet with us, you won’t deal with assistants; we personally handle all our client meetings. You can rest assured you are getting the individualized and professional service you deserve as well as comprehensive legal representation.

The post Is There a Marriage Limit in Texas? appeared first on Houston Divorce Lawyers The Larson Law Office.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

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