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Minors and Marriage

Family, Divorce & Children

In Texas, people under age 18 usually cannot legally marry.

Texas law used to allow people under the age of 18 to get married. Currently, only legally emancipated minors may marry. Learn more here.

What are the requirements for marrying when one or both parties is under the age of 18?

A person under age 18 years cannot marry unless they have been emancipated, a process also known as having the disabilities of minority removed for general purposes.

See Texas Family Code 2.0032.101, and 6.205.

What does someone under 18 need to apply for a marriage license?

A person under 18 years of age applying for a marriage license must:

  • Appear before the county clerk,
  • Submit proof of identity and age,
  • Provide the information required in the application for a marriage license,
  • Provide the clerk with a certified copy of the court order removing the disabilities of minority of the person for general purposes, and
  • Take the oath printed on the application for a marriage license and sign the application before the county clerk.

See Texas Family Code 2.003, 2.101, and 6.205.

Can a person under the age of 18 enter into an informal or “common-law” marriage?

No. A person under the age of 18 may not be a party to an informal marriage or execute a declaration of informal marriage.

See Texas Family Code 2.003, 2.101, and 6.205.

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