Both parties must be at least 18 years old to obtain a marriage license. If either party is under 18 years of age, parental consent or a Court order is required.

It depends. You cannot marry:

• someone who is an ancestor (mother, father, grandmother, grandfather, etc.) or descendant (son, daughter, grandson, granddaughter, etc.);
• your brother or sister;
• your parent’s brother or sister (aunt or uncle);
• your niece or nephew

No, not yet.

A “licensed marriage” or “ceremonial marriage” requires a license and is performed by an authorized official (minister, priest, rabbi, judge, etc).

An informal marriage (sometimes called a common-law marriage) can be created when a man and woman sign and register an official document of marriage at the county clerk’s office. A man and woman may also enter into an informal marriage if they agree to be married, live together in Texas as husband and wife, and represent to others that they are married.

No. If the parties to a non-registered informal marriage separate and live apart for two (2) years or more, the parties may or may not need a divorce depending on the circumstances. Parties to a registered informal marriage must be divorced in the same manner as parties who were married in a ceremony with a marriage license.

Yes. An “annulment” is a proceeding to have a marriage declared void as if it never took place. A “divorce” is the proceeding to end a valid marriage. There are many similarities, however, in the manner that the property division and children’s issues are handled.

An annulment may be granted if at the time of the marriage one party to the marriage was:

• underage,
• under the influence of alcohol or drugs,
• impotent,
• mentally incompetent,
• forced to marry, or
• was misled about prior divorce. In most cases, the law requires that the person seeking the annulment must cease living together with the other party once the problem is discovered.
• previously married,
• married to a relative as designated by Texas law.

No. In Texas, a divorce may be granted without either party being at fault. A divorce may also be granted when one party is found to be at fault in the break-up of the marriage.

Before filing, one of the spouses must live in Texas for at least (6) months and in the county where the divorce is filed for at least ninety (90) days.

Yes. Time spent by a Texas resident outside of Texas, while in the military, satisfies the residency requirement in Texas for a divorce.

Attorneys who meet certain qualifications required by The State Bar of Texas may become board certified in family law. The status of “Board Certified” creates a specialty status for the attorney.

Yes, depending upon their knowledge, experience, qualification, and the complexity of the case.

A petition for divorce must be filed in the district clerk’s office and the required fees paid.

If there are children born, adopted, or expected during the marriage, the suit for divorce must also address matters of custody, visitation, and child support. If a wife has given birth to a child or is expecting a child since the time she married, but the child is not or may not be the biological child of her husband, other circumstances arise which require a different application of Texas law.

The party who files divorce first is called the “Petitioner” and the other party is called the “Respondent.”

Yes.

• By receiving a copy of the petition from a sheriff, constable, or Court approved private process server; or
• If the parties agree, the non-filing spouse may, after the petition is filed, sign a document called a “waiver”; or
• If your spouse cannot be located, a notice may be served by publication.

Once a Respondent is officially notified, there is a deadline to file a response to the petition. If the deadline is not met, the Petitioner can go forward and obtain a divorce by “default.”

A Temporary Restraining Order sets forth the acts which either or both parties are prohibited from doing immediately after the petition is filed such as spending money unnecessarily, incurring unnecessary debt, or harassing the other party.

Yes, if the Court approves the request for a TRO, however; a hearing must be scheduled within fourteen days which requires appearance.

A person who violates a TRO, or any other Court order, can be held in contempt of Court and punished by a fine and/or jail sentence.

Yes. The respondent can file his or her own request for divorce in a document usually referred to as a counter-petition for divorce.

You can dismiss your divorce proceeding.

A petition for divorce must be filed with the Court for at least sixty (60) days before the Court can grant the divorce.

If the parties are in agreement, a divorce proceeding can be finalized soon after the sixty-day waiting period is over. If the parties are not in agreement, the time it takes will depend on the Court’s schedule and the complexity of the case. From start to finish, the divorce process may go through a number of phases including temporary orders, exchange of financial information, psychological evaluations (in custody cases), alternative dispute resolution, trial, and appeal. A divorce in which the parties are not in agreement on some or all issues will usually take at least several months.

You are divorced when all the property and child related issues are resolved and the judge signs an order, usually called a Decree of Divorce.

In most cases, you must wait thirty (30) days, but the Court can grant a waiver to permit you to marry sooner.

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