Only legally emancipated minors may marry in Texas. Emancipation means that a minor is legally considered independent and responsible for their own decisions and actions. A minor can get emancipated by a court order, by joining the military, or by getting married with parental consent.
However, a new bill in the state Legislature, House Bill 924, filed by Rep. Jon Rosenthal, a Democrat from Houston, would outlaw marriage in Texas for anyone under 18, without exceptions. This bill would close a loophole left in a 2017 law that allows 16- and 17-year-old emancipated minors to marry.
Child marriage is a serious issue that affects thousands of minors in Texas and across the U.S. It can have negative consequences for their health, education, safety, and well-being. More than 40,000 people under the age of 18 have been legally married in Texas between 2000 and 2018 — more than any other state — according to the Journal of Adolescent Health
The General Age Rule for Marriage in Texas
The general age rule for marriage in Texas is that individuals who have reached the age of majority (18) can get married without parental consent. Those who are over age 16 but under 18 must obtain consent to marry or be legally emancipated. Emancipation means that a minor is legally considered independent and responsible for their own decisions and actions. A minor can get emancipated by a court order, by joining the military, or by getting married with parental consent.
There is a 72-hour waiting period after getting the license to marry unless certain conditions apply, such as being a member of the armed forces or completing a premarital education course. The marriage license fee is $60 in cash, but it can be waived if the couple has completed a premarital education course or if one of them is being deployed to a hostile fire zone.
A licensed or ordained minister, priest, or rabbi; justice of the peace; and most judges can perform a marriage in Texas. Texas also recognizes informal or common-law marriages, which require that the man and woman are both 18 or older, not currently married to someone else, agree to be married and live together in Texas as husband and wife, and represent to others that they are married.
Informal marriages may be registered at the county clerk’s office on a form provided by the Vital Statistics Unit of the Department of State Health Services.
Exception To the Rule
There are some exceptions to the Texas legal age to marry, depending on the circumstances.
For example:
- A person under 18 years of age may get married if they have been granted by this state or another state a court order removing the disabilities of minority of the person for general purposes.
- A person under 18 years of age may get married if they are legally emancipated by a court order, by joining the military, or by getting married with parental consent.
- A person under 18 years of age may get married if they are a nonresident minor and have a certified copy of an order removing the disabilities of minority of the person for general purposes filed with this state under Section 31.007.
- The 72-hour waiting period after getting the license to marry may be waived for members of the armed forces or by a judge or if the couple has completed a premarital education course.
- The marriage license fee may be waived if the couple has completed a premarital education course or if one of them is being deployed to a hostile fire zone.
Court Order Removing Disabilities of Minority for General Purposes
Suppose a 17-year-old woman in Texas has received a court order removing the disabilities of minority. This order legally grants her the responsibilities and rights of an adult despite her age. Consequently, she could apply for a marriage license without needing parental consent.
For instance, she might have petitioned for this due to a situation where she was estranged from her parents and living independently, demonstrating she could financially support herself.
Legal Emancipation via Court Order or Military Service
Imagine a 16-year-old boy who joined the military. His enlistment legally emancipates him, and he is thus considered an adult under Texas law. Despite being under 18, he could get married without needing parental consent.
Nonresident Minor with a Certified Copy of an Order
Consider a 17-year-old who, though not a Texas resident, moves to Texas from another state where she was granted a court order removing the disabilities of minority. In Texas, if she has a certified copy of this order, she can marry despite not being 18.
Waiving the 72-hour Waiting Period
Take the example of a couple where one party is an active-duty member of the armed forces. Due to the unpredictability of military deployments, Texas allows for the 72-hour waiting period to be waived. This means they could marry immediately after obtaining their marriage license.
Waiving the Marriage License Fee with a Premarital Education Course
Finally, consider a couple, both aged 18, who have taken a premarital education course approved by the state. Upon presenting their completion certificate when applying for a marriage license, the usual marriage license fee would be waived as a result of their proactive step toward preparing for marriage.
What If the Minor Does Not Get Parental Consent?
Except for the exceptions mentioned above, if a minor doesn’t obtain parental consent and is not legally emancipated, they will not be granted a marriage license by the state of Texas. Any attempt to marry could result in legal consequences for both parties involved, as well as any adults who facilitated the marriage.
Consulting A Family Lawyer
Given the complexity of these issues and the serious legal consequences that can result from violations of these laws, it is advisable for anyone seeking to understand the specifics of Texas marriage laws to consult with a family lawyer.
Here are some ways in which a lawyer can help:
- Document Preparation: When it comes to marriage-related legal matters, there are often various documents that need to be prepared and filed correctly. A lawyer can help you draft and review important legal documents, such as marriage contracts, prenuptial agreements, or court petitions, ensuring that they comply with Texas laws and meet your specific needs.
- Representation in Court: If your marriage-related issue requires court involvement, such as divorce proceedings or child custody disputes, a lawyer can represent your interests in court. They will advocate for your rights, present your case, cross-examine witnesses, and make persuasive arguments on your behalf.
- Mediation and Negotiation: In many marriage-related disputes, it is preferable to reach a resolution outside of the courtroom. A lawyer can assist in mediation or negotiation processes, working to find a mutually agreeable solution that protects your interests and promotes fair outcomes. They can also help you understand your options and potential outcomes, enabling you to make informed decisions.
- Legal Support and Guidance: Going through a marriage-related legal issue can be emotionally challenging and overwhelming. A lawyer can provide you with the support and guidance you need throughout the process. They can answer your questions, address your concerns, and keep you informed about the progress of your case.
- Legal Strategy and Advocacy: Every case is unique, and a lawyer can develop a customized legal strategy tailored to your specific circumstances. They will assess the strengths and weaknesses of your case, gather relevant evidence, and build a strong argument to support your position. Their advocacy skills can significantly impact the outcome of your case.
LegalMatch can help connect you with a Texas family lawyer who can provide guidance and ensure your actions are in compliance with Texas law.
