Marriage and Divorce in Texas

Marriage and separation are both basic encounters in our lives today. Once in a while, right in the middle of ordinary life, love gives us a fantasy. Getting hitched is one of the most groundbreaking choices you will ever make.


Marriage necessities in Texas

To all couples who need to get hitched in Texas, you should initially get a marriage permit from the area representative’s office or from a state that takes into account out-of-state relationships. Similarly as some other law, you have to meet a few necessities for you to get one. Each state has shifted prerequisites for getting a marriage permit.

The following are the things you will you will require so as to acquire a marriage testament in Texas:

  • Both of you must show up face to face, make sure to bring your life accomplice while filling for the application.

  • Present a proof of age and identity. Be it a driver’s permit, state-gave birth authentication or any satisfactory type of distinguishing proof. You should be 16 years old or more so as to apply for a marriage permit. In any case, in the event that you are over 16 years but below 18 years, you have to carry with you parental assent records or a court request approving a marriage for the individual.

  • Bring cash. Charges for acquiring a marriage permit fluctuate between $70 – $88 relying upon the state where you decide to apply from. This charge is generally required to be paid in real money, so don’t leave home without it! In Texas, taking a pre-marriage class which goes on for around 8 hours could spare you $60 dollars on your permit expense.

  • You need tolerance! Subsequent to being given with a marriage permit, you have to hang tight for 72 hours before getting hitched. However, this holding up period can be waived in Texas for an active duty military personnel.

  • In the event that you have been separated inside 30 days, you are required to convey your separation order with you in Texas to show that the 30 days holding up period has been deferred.

  • You must know your government managed savings number.

  • You should have a present location.

There are various resolutions in the Texas Family Code that manage the marriage permit procurement. They include:

Texas Family Code Section 2.002 ( marriage permit application)

Texas Family Code Section 2.003 (minor application for a marriage license)

Texas Family Code Section 2.005 (confirmation of character and age)

Texas Family Code Section 2.008 (issuance of permit)

Texas Family Code Section 2.006, Section 2.007, 2.0071 (missing candidate matters)

After obtaining the marriage licence, you can get married anywhere in Texas. However, don’t take too long to walk down the aisle since it expires 30 days from the date of issue. Blood tests or witnesses are not required while acquiring a marriage permit in Texas.

Types of Marriage License in Texas

  1. Formal

A proper marriage permit is acquired in any region in Texas and can be performed anyplace. In the event that the marriage is led outside the province of Texas, counsel the concerned gatherings of that party before continuing with the event.

  1. Casual

This kind of marriage permit can be acquired and recorded by a couple who consented to be hitched, lived respectively in Texas as a team and spoke to others that they were hitched.

Who can marry you?

There are specific rules and regulations in Texas on the persons that are qualified to officiate a marriage. The following persons can marry you legally in Texas:

  • An authorized or appointed clergyman or minister or a Rabbi.

  • A district, county or probate courts judge.

  • A retired justice of the peace.

  • A resigned judge of a municipal court.

  • A resigned judge of a city court.

  • A resigned judge or officer of a government court of Texas.

  • An appointed authority of the Criminal interests.

  • An adjudicator of the region courts at law.

  • An adjudicator of the courts of household relations.

  • An adjudicator of adolescent courts.

  • Other than the above, someone else can marry you. They can get ordained online.

State laws are liable to change through the section of another enactment, be sure to consult on the marriage licence requirements with a Texas attorney.

After obtaining the marriage licence, you can get married anywhere in Texas. However, don’t take too long to walk down the aisle since it expires after 30 days.

Divorce in Texas

If your relationship leaves you feeling constantly drained, physically and emotionally depleted, then your marriage is over. A lot of factors lead to the end of a marriage. Extramarital affairs, laziness, lack of communication, constant arguing, money, weight gain, lack of intimacy, just to mention but a few.

Regardless of whether you have been hitched for 1 year or 50 years, divorce is never easy. A lot of factors and emotions are involved.

You are qualified for anything you can negotiate. Separation ordinarily fixates on three principal subjects, kids, debts and property.


Youngsters can be a wellspring of significant clash and recording of claims after a separation. In Texas, the two guardians have equal privileges in their youngsters’ lives. Nobody is qualified for a larger number of favors than the other.However, their individual personalities, lifestyle and circumstances play a huge role on where they live, who gets to see them when and for how long, and which parent has the final say in making decisions concerning the child’s life.

Whichever parent that is denied to remain with the child, they have an obligation of paying child support except if the other parent opposes this idea. The Texas Family Code gives a rate that the one who needs to pay for upkeep relying upon the pay and number of youngsters at the time the separation was given.


A typical arrangement for debt management involves taking with them any debts that are in your name only or splitting up debts that share both names. In most cases, you are not likely to get equitable results from such an arrangement.

A family law lawyer, for example, those with the Xavier law firm, can help position you to assume no more obligation than is fair while securing your credit and limiting your liabilities.


Property obtained as a wedded couple is considered as network property in Texas. In any case, gifting your companion property, legacy or property obtained before marriage isn’t considered as network property and shouldn’t be battled for in a separation case.

Moving the equalization

Community assets can be split equally between the involved parties if they fail to reach an agreement. No spouse is entitled to keep the house or remain living there unless some agreement is reached or some factors allow for that to happen.

The court will arrange division of property when:

Property that was obtained by either companion while domiciled in another state and that would have been network property if the mate who procured the property had been domiciled at the hour of the securing;

or property that was gained by either companion in return without a doubt or individual property and that would have been network property if the mate who procured the property so traded had been domiciled at the hour of its obtaining.

The court will grant to a companion property when:

property that was obtained by the companion while domiciled in another state and that would have been the life partner’s different property if the mate had been domiciled at the time of procurement;

or property that was gained by the life partner in return without a doubt or individual property and that would have been the companion’s different property if the mate had been domiciled at the hour of securing.

The court shall consider the following as separate property of a spouse if exchanged by written agreement of the spouses:

salary and profit from the life partners’ property, wages, pay rates, and different types of pay got on or after January 1 of the year in which the suit for disintegration of marriage was recorded; or

salary and income from the life partners’ property, wages, pay rates, and different types of remuneration got in one more year during which the life partners were hitched for any piece of the year.

Spousal help and upkeep

Alimony is payment or legal obligation of a person to provide financial support after a divorce. This choice by the court for support installment is absolutely discrete from division of network property. Fleeting spousal support can be granted in the event that one mate doesn’t work and consents to leave the conjugal home.

A Texas divorce court can award spousal maintenance if the spouses have been married for 10 years and they lack sufficient funds to provide for their minimum reasonable needs or the other companion was condemned for bad behavior including family ruthlessness inside the two years before the chronicle of the partition suit.

Texas Divorce Procedure

A typical Texas divorce procedure involves the following steps:

  • The solicitor, one of the life partners, recording a separation request and serving the papers to the next.

  • At the time of filing, the petitioner can request for a standard restraining order.

  • If no Temporary Restraining Order is given, the respondent has 20 days in addition to the following after Monday to record a report called an Answer.

  • The life partners talk about the settlement of the case. On the off chance that they are in accord, their attorneys prepare an agreed divorce decree which is signed by both parties, their attorneys and the judges as well.

  • However, if no agreement is reached between both parties, a trial date is set.

  • Before the trial, the couple are allowed to attempt mediation of all the terms outside the court proceedings.

  • In the event that intervention comes up short, the case goes to trial. At the finish of the trial, one of the lawyers will set up a Final Decree of Divorce to present to the appointed authority for signature. This will contain the entirety of the court’s decisions and will settle all issues relating to the separation, and is official on the gatherings going ahead.

Uncontested Divorce in Texas Without an Attorney

You can petition for an uncontested divorce in Texas even without the assistance of a lawyer. An uncontested separation is one in which the two gatherings are in concurrence with all the terms of separation including support installments, kids and division of property.

  1. Meet Texas’ Residency Requirements

For you to file a divorce in Texas, you must have lived in the state 6 months prior to filing for the divorce, otherwise you won’t be granted one.

  1. Get an appeal of separation or partition

A petition of divorce is a form that you are required to submit to the court that will formally carry out your divorce proceedings. This form is obtained at the county clerk’s office in Texas, where you are a resident. You need to fill in all the details before submitting the form.

  1. Sign and present the appeal

After appropriately finishing the separation appeal structure, you have to sign it and record it at the agent’s office. Make two duplicates and pay for the documenting expense.

  1. Convey a duplicate of the appeal to your companion

You can hand deliver, have the county sheriff’s office deliver or hire a private party to serve the second copy of the divorce petition to your spouse.

  1. Finalize the settlement agreement

After a waiting period of 60 days, the clerk’s office sets a day at the court for the divorce hearing.

  1. Attend the divorce hearing

Both parties are required to be present at the divorce hearing proceedings, after which the judge delivers a judgment and signs the final divorce decree.

  1. File the final divorce decree with the clerk

Take the final certified divorce decree and file it with the clerk’s office. Guarantee you make two duplicates with the end goal that both you and your mate have a duplicate.

Any individual who is going into the separation or marriage procedure has questions with respect to their privileges and how they can best be upheld. The lawyers with the Xavier law firm are knowledgeable about helping customers with these kinds of inquiries as they relate to their children, their cash and backing from their life partner during the separation.

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