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What is the Legal age to get married in Texas (USA)?

Posted by Achraf Lamine Post a Comment

The legal age of marriage refers to the point in life when a person attains full legal capacity to enter into a marriage contract, acquiring all the rights and obligations it entails under family law.

In the United States, specifically under the Texas Family Code, the standard marriage age is set at 18. Upon reaching this milestone, an individual can freely enter into a formal or informal marriage. However, there are a few specific exceptions governing this age that every parent and child should understand. Because knowledge is power, we are here to break down the legal provisions regarding the legal age to get married in Texas, simplifying them so they are accessible and easy to digest for everyone.

what is the minimum age to be married in texas

1. Formal Marriage in Texas

Several legal provisions dictate the age requirements for a formal marriage. These rules vary depending on whether the parties are adults or minors, regardless of their gender. Here is what you need to know:


Marriage for Individuals with Full Legal Capacity (Adults)

Under Section 2.101, the Texas Family Code sets the Minimum legal age for marriage in Texas at 18 years old. At this age, both parties have the absolute right to obtain a marriage license in Texas. They simply need to submit their application to a county clerk after providing proper proof of identity and age.


Marriage for Minors

Section 2.003 of the Texas Family Code explicitly states that a minor cannot obtain a marriage License unless they provide a court order (from Texas or another state) granting the Removal of Disabilities of Minority for general purposes.
According to Section 31.001, a minor can petition the court directly for this removal of disabilities if they meet the following strict conditions:

  1. They are a resident of this state.
  1. They are 17 years of age, or at least 16 years of age and living separate and apart from the minor's parents, managing conservator, or guardian.
  1. They are self-supporting and managing their own financial affairs.

Did you know? A minor can file this lawsuit in their own name and does not need a legal representative in court.

Crucial Update: Following the September 2017 amendments to the Texas Family Code, parents can no longer grant "consent" for the marriage of minors aged 16 or 17. Consequently, the law imposes an absolute ban on marriage for anyone aged 15 or younger—no exceptions.


Same-Sex Marriage

Following the landmark US Supreme Court decision in Obergefell v. Hodges (2015), the general marriage laws in Texas apply equally to everyone, without discrimination:

  • Age Equality: There are no "special" legal provisions regarding the marriage age for same-sex couples. The same minimum age of 18 (or a court order for minors) applies universally (Sections 2.101 and 2.003).
  • Legal Status: Today, a county clerk processes same-sex marriage license applications exactly like opposite-sex ones. In fact, marriage application forms are now beautifully neutral, using terms like "Applicant 1" and "Applicant 2" instead of "Male" and "Female".

(Note: You might still find provisions in the Texas Family Code (Section 6.204) declaring same-sex marriage void. However, these outdated texts are unconstitutional and unenforceable. Even though the words remain on the page, they hold no legal power.)


2. Informal Marriage (Common Law) in Texas

This is where Texas family law shows its utmost strictness. When it comes to common law marriage, the law grants absolutely zero age exceptions.

Sec. 2.401 (Proof of Informal Marriage): In subsection (c) of this section, the law clearly dictates:
"(c) A person under 18 years of age may not: (1) be a party to an informal marriage; or (2) execute a declaration of informal marriage under Section 2.402."

Simply put, individuals under 18 cannot enter into an Informal Marriage or legally prove it by signing a declaration provided by the county clerk. Even if a minor and their partner live together and publicly present themselves as married, the law flatly refuses to recognize the marriage.


3. Frequently Asked Questions: Your Guide to a Deeper Understanding!

Generally, no. However, as an exception, they can if they are a Texas resident, live apart from their parents, manage their own finances, and successfully petition the court for the Removal of Disabilities of Minority for general purposes.
The standard answer is no, unless the 17-year-old resides in Texas and obtains a judge's court order removing their disabilities of minority for general purposes.
Absolutely! Eighteen is the Minimum legal age for marriage in Texas. Reaching this age grants you full legal capacity to enter into either a formal or informal marriage contract.
Since September 2017, the concept of "parental consent" for marriage has been abolished in Texas. No one under 18 can marry with just a parent's permission; they must have a court order proving they have attained full legal capacity as an adult.
No. The marriage is completely void "if either party to the marriage is younger than 18 years of age" and failed to obtain a prior court order removing the disabilities of minority for general purposes (Section 6.205).
It means the court has granted the minor full adult legal capacity to conduct business and bear legal consequences. Texas law distinguishes between two types of orders: 1. For limited purposes: Not legally sufficient for marriage. 2. For general purposes: This grants full legal adulthood and is strictly required to allow a minor to marry.
No. An Informal Marriage is strictly prohibited for anyone under 18, even if a judge has removed their minority disabilities. This absolute ban is permanently fixed in Section 2.401.

Always remember: Every legal situation has its unique intricacies. If you have any inquiries, need clarification on a specific case, or find any legal provision we mentioned confusing, do not hesitate to drop your question in the comments below. I personally read and reply to all comments!

Achraf Lamine
Achraf Lamine Legal Researcher and Master of Laws (LL.M.) holder, specializing in the analysis of legislative texts and judicial precedents. I dedicate my expertise at "Arable Law Hub" to simplifying legal culture and making it accessible to everyone, driven by the conviction that legal awareness is the fundamental cornerstone of the rule of law.
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