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Texas law does not put a hard limit on how many times a person can marry. You can get married as often as you want, actually. But there is a catch. Each prior marriage must be fully ended first.
This means you need a completed divorce or an annulment. Death of a previous spouse also ends a marriage. Until one of those things happens, you cannot legally marry someone else in Texas. It is pretty clear cut.
understanding the Basic Requirement
A marriage in Texas must be between two single individuals. That’s a core rule. If you are already married to someone, you cannot marry another person. This situation is called bigamy; it’s against the law.
Bigamy has some serious legal problems. You could face charges. Any new marriage would not be real in the eyes of the law. So, you must be single. This is just how it works.
Divorce is the most common way to end a marriage here. It happens all the time. An annulment voids a marriage, like it never happened. This is rarer. Death, well, that is also a final way.
The Divorce Process in Texas
Getting a divorce in Texas takes time. It’s not an instant thing. There’s a mandatory waiting period. After you file for divorce, you have to wait at least 60 days.
This 60-day rule applies to everyone. No way around it. Even if both people agree on everything, the waiting still happens. It is a court rule.
The actual divorce often takes much longer. property needs dividing; custody gets decided. Lots of details get worked out. Sometimes it can take many months. Even years.
When the divorce is finished, the court signs a final order. This document makes you single again. Once that paper is signed and filed, you are free to marry.
Waiting Periods and Remarriage
So, you got divorced. You are single. But can you marry the very next day? Not always. There is another rule. It often gets missed.
Texas has a 30-day waiting period after a divorce is finalized. You cannot marry anyone else during this time. It’s a cool-down period, you could say.
This waiting period is for anyone divorced in Texas. It lets things settle down. The state wants to make sure people do not jump right back into another marriage too fast.
Sometimes, a judge can waive this 30-day rule. This usually only happens in special cases. Like, if there’s a good reason. But you can’t count on it.
So you wait 60 days for the divorce to go through; then you wait another 30 days after it’s done. That’s at least 90 days total just for the court stuff. It adds up.
What I have seen is some folks just forget about this second waiting period. They think once the divorce is final, they are totally free. Not quite.
Getting a Marriage License in Texas
No matter how many times you want to marry, you need a marriage license. This is required every single time. It’s not a one-and-done kind of thing.
You go to a county clerk’s office. Both people need to be there usually. You fill out a form. Show ID. It’s pretty basic paperwork.
You pay a fee. It changes a little bit by county, but it’s not a lot of money. The license is good for 90 days. You have to use it in that window.
There’s a 72-hour waiting period after you get the license. You cannot just pick up the license and marry that same day. You have to wait three full days.
This 72-hour waiting period helps prevent impulse weddings. It lets people think about it. Similar to the divorce cool-down period, I suppose.
However, some people can get this 72-hour wait waived. If one person is in the military, for instance. Or if you complete a premarital education class. That makes sense.
Who Can Officiate a Wedding?
Many kinds of people can legally marry you in Texas. It’s not just judges. Ordained ministers can do it; that’s common. Retired judges too.
Even active or retired justices of the peace can marry folks. What’s interesting is you can also have a spiritual leader from any religion perform the ceremony.
So, you pick who you want. As long as they are on the list of approved people. This flexibility is nice. Makes the ceremony feel more personal.
Common Law Marriage and Remarriage
Texas also recognizes common law marriage. They call it an “informal marriage.” This means two people act like they’re married, agree they are, and tell others they are.
If you are in a common law marriage, you are legally married. Even without a license or ceremony. It is the same as a formal marriage.
To end a common law marriage, you need a divorce. Just like a regular marriage. You cannot just separate and then marry someone else. That would be bigamy.
So, if you had an informal marriage, make sure it is legally ended. Before you try to get married again. This detail gets missed sometimes. People don’t realize.
Out-of-State Marriages
What if you married in another state, then divorced there? Texas usually recognizes marriages and divorces that happened in other states. It follows the “full faith and credit” clause.
So, if you got divorced in California, that divorce is valid here. You would still need to meet Texas’s 30-day post-divorce waiting period if you plan to marry in Texas.
The rules where you marry are the ones that matter for that wedding. But for future weddings, Texas rules apply if you are getting married here. It can get a bit confusing.
I believe this keeps things fair. It prevents people from running to other states to bypass local rules. The law tries to keep things consistent.
Key Takeaways
No Limit: You can marry many times; just be single each time.
Divorce First: Prior marriages must be dissolved by divorce, annulment; or spouse’s death.
Waiting Periods: There’s a 60-day wait for divorce completion; then a 30-day wait post-divorce before remarriage. Also, a 72-hour wait for the license.
License Each Time: Every marriage needs a new Texas marriage license.
Common Law Counts: Informal marriages are legal; they require divorce to end.
Out-of-State Valid: Marriages and divorces from other states are generally accepted in Texas.
Frequently Asked Questions About Texas Marriage
Here are some common questions folks have:
What if I remarried too soon after my last divorce, before the 30 days were up; is my new marriage real?
Usually, no; it is considered voidable; a court could declare it invalid; this creates problems with legal rights; it is best to wait.
Can I marry my cousin in Texas?
No; Texas law forbids marrying a first cousin; this includes a first cousin by half-blood or adoption.
Do I have to take a blood test to get a marriage license in Texas?
No; Texas removed blood test requirements years ago; it is not part of the marriage license process now.
Is there an age limit for getting married in Texas?
Yes; you must be 18 years old to marry without parental consent; exceptions exist for 16 and 17-year-olds with parental permission or a court order.
Can I get married in Texas if I have a criminal record?
Yes; a criminal record does not prevent you from getting married in Texas; the law focuses on your marital status only.
