Photo: willsantt

Can you marry your sister in Texas?

As to consanguinity, a person cannot marry a sibling, a descendant or ancestor, a nephew or niece, an aunt or uncle, a first cousin, or a stepchild. Marriage to a first-cousin is not void but is now prohibited in Texas; until recently, Texas residents could marry a first cousin.

sugarlandattorney.com - Texas Marriage Laws - Alimohammad & Zafar, PLLC

How does a man know he's the one?

“When you've found The One, you want everyone in your life to meet them, and get to know them,” says Assimos. “You are genuinely excited about the...

Last updated Oct 31, 2020

Does breast size increase after marriage?

Marriage doesn't affect breast size While no one knows exactly who started the rumor that marriage increases breast size, people have passed around...

Last updated May 30, 2018

Do you really know who the “One” is? Your true Soulmate?

Promotion

Texas Marriage Laws

In Texas, a man and woman desiring to get married must obtain a marriage license. This license is valid for 30 days from the date of issue. However, no license is required for a common law marriage, and a ceremonial marriage is valid even without a marriage license. 72 hour waiting period: The parties must wait 72 hours between the date of the marriage and issuance of the license. However, a court may waive this waiting period; this is also inapplicable if one of the parties is in the armed forces. Thirty days after divorce: If one of the parties has recently divorced, they must wait at least 30 days after that divorce decree has been issued before entering into the new marriage. However, a court can waive this requirement; parties can also remarry at any time. Parental Consent Requirement: In Texas, if either party is under the age of 18, a marriage license can only be issued with parental consent or a court order. The application must be made within 30 days after the consent is given. Furthermore, an applicant under age 16 is permitted to marry only if a court order is obtained. The court will grant this permission if it believes marriage to be in the best interest of the child. While common, a ceremony is not required for a marriage to be valid.

What is Common Law Marriage?

Texas recognizes what The Family Code refers to as “informal marriages,” also known as common law marriage. There are three steps to establish a common law marriage. The parties must show that they a) agreed to be married b) lived together in Texas as husband and wife and c) represented to the public that they were married. The parties can also execute a “Declaration of Informal Marriage.” While not required, this declaration is an alternative to a ceremonial marriage. As is the case with ceremonial marriages, a common law marriage is not valid if there is an impediment to the marriage. (An example of this would be if one of the parties is already married.) In Texas, same-sex marriages are not recognized. Similarly, persons of the same sex who enter into a civil union or similar relationship in another state are not recognized as spouses in Texas.

What is a Void Marriage?

Three circumstances make a marriage void: consanguinity, bigamy, and one of the parties being under the age of 16 without a court order. As to consanguinity, a person cannot marry a sibling, a descendant or ancestor, a nephew or niece, an aunt or uncle, a first cousin, or a stepchild. Marriage to a first-cousin is not void but is now prohibited in Texas; until recently, Texas residents could marry a first cousin. The consanguinity prohibition also applies to relation by adoption; as for siblings and nephews/nieces, the prohibition also applies to relations of the half blood. With respect to bigamy, a marriage is void if either party is already married. Once the prior marriage is dissolved, the marriage becomes valid by operation of law if since that time the parties have held out to the public that they are married and have also lived together.

How long will it take for him to miss me?

According to the experts, it will take between two to four months before he starts feeling lonely. He'll be doing everything possible to block out...

Last updated Feb 7, 2020

Can love come back after fading?

The good news is there are many ways you can renew the attraction after it initially fades, especially understanding how men fall in love in the...

Last updated Sep 30, 2022

Promotion

Finally, if a party to a marriage is under the age of 16 and there is no court order granting permission to marry, the marriage is void regardless of parental consent.

What are types of Voidable Marriages?

If someone between ages 16 and 18 has married without parental consent or a court order, a suit can be brought for annulment. This sort of annulment is not automatic and is at the discretion of the court. If at the time of the marriage, a) the petitioner was under the influence of alcohol or narcotics and did not have capacity to consent b) there was permanent impotency on the part of either party—for either physical or mental reasons—and the petitioner was unaware of these circumstances or c) the other party used duress, fraud, or force. Also, a suit to annul is authorized on the grounds of mental incapacity if the parties did not voluntarily cohabit after the incapacity became evident. Furthermore, a suit to annul is authorized if there existed a concealed divorce within thirty days of the marriage. The authorization is only effective if a reasonably prudent person would not have known of the concealed divorce. This suit must be brought within one year after the date of the marriage. Additionally, annulment may take place if the marriage happened within the 72 hour “cooling off” period following issuance of the license. The suit must be brought within 30 days. Finally, a marriage can be annulled if the decedent did not have sufficient mental capacity to consent. However, for this to apply, the marriage must have taken place within three years of the decedent’s death, and the action for annulment is filed within one year after the death.

By: Rehan Alimohammad

Rehan Alimohammad is a Partner at Alimohammad & Zafar, PLLC in charge of immigration and tax matters. He volunteers with several organizations in the Houston and surrounding areas, and has written over 200 articles on immigration topics. He received his undergraduate degree from the University of Texas in 1996, his CPA in 1998 and his law degree from the University of Houston in 2001. You can contact him at rehan@aandzlegal.com or 281-340-2074.

sugarlandattorney.com - Texas Marriage Laws - Alimohammad & Zafar, PLLC

Does crying heal the brain?

Crying helps you recover from grief and pain These natural chemicals give your brain that “soothing” and “empty” feeling that takes over after...

Last updated Aug 1, 2021

How do you sell art successfully?

To boost your art business, check out these nine worthwhile ways to cut galleries out of the equation and make a successful living: Social Media....

Last updated Nov 9, 2020

Promotion

What percentage of people still love their first love?

A YouGov study reports that 64 percent of people in first-love marriage state that they are definitely in love, compared to 57 percent of the...

Last updated Feb 9, 2022

Promotion

Is true love only once?

“Love can happen many times. If you fall in love and the person turns out to be the wrong one for you, you can't force yourself to continue loving...

Last updated Jun 21, 2021