Can a Gay Couple Tie the Knot in Texas?
Same-Sex Union - Is Gay Marriage Permitted in Texas?
Affirmative! Marriage is fully legal, recognized, and embraced in Texas for lesbian, gay, bisexual, and transgender (LGBTQ+) couples. All marriage laws, as well as divorce stipulations, pertain to every individual within Texas, regardless of their sexual orientation or gender identity or expression.
When did same-sex marriage become lawful in the U.S.?
Gay marriage became legitimate in Texas, and across all fifty states on June the twenty-sixth of 2015. This occurred after the Supreme Court of the United States (SCOTUS) delivered its ruling in Obergefell v. Hodges.
What is the Procedure for Marriage for LGBT Individuals in Texas?
The process for gay marriage in Texas is identical for both gay and LGBT couples, as it is for heterosexual pairs. With marriage equality available across all fifty states, there is no exclusive 'gay marriage law'. Same-sex unions are authorized in Texas and throughout the United States. Getting hitched in Texas involves:
- Acquiring a marriage license from the county wherein you wish to be married.
- Completing a seventy-two-hour waiting period (which can be waived for military personnel and those who finish a pre-marital education program).
- Holding your marriage ceremony.
- Having your officiant promptly return your marriage certificate to the county clerk.
A marriage license issued in Texas expires if a ceremony is not carried out before the ninetieth day following the license's issue date (Texas Family Code § 2.201).
Who Can Officially Perform a Marriage in Texas?
Having a friend or family member officiate a marriage can be meaningful and special. Many couples about to marry ask how they can secure a license to conduct marriages in Texas. Although certain states have provisions for one-time officiants, like a "Deputy Marriage Commissioner for a Day," Texas lacks a straightforward process. In Texas, only specific individuals are legally empowered to preside over wedding ceremonies. Officiants must qualify as an officer of a religious organization, sanctioned by that organization to conduct a marriage ceremony.
Becoming ordained can be achieved rather easily via various internet marriage ministries. Officiants must be eighteen years old. Their core responsibility is to complete the marriage license, ensure its validity, and return it to the county clerk that issued it within ten days.
What Documentation Do LGBT Couples Need to Obtain a Marriage License?
Applicants over the age of eighteen, wishing to procure a marriage license, must provide proof of identity and age. The Texas Family Code lists nineteen approved documents, including a driver's license, a U.S. passport, a passport from a foreign nation, a birth certificate, a motor vehicle certificate of title, a voter registration certificate, a pilot's license, or a license to carry a handgun.
How Many Times Can You Get Married in Texas?
In Texas, there's no restriction on the number of times you can marry, but you can only be married to a single person concurrently. You must be divorced before you can remarry.
Are There Any Fees Associated with Obtaining a Marriage License in Texas?
Marriage licenses are provided by the county within Texas. The costs fluctuate from county to county. Expenses can be reduced by participating in Texas's healthy marriage program - "Twogether in Texas." Couples who complete premarital education (available to all couples) are entitled to a discount of up to sixty dollars off their marriage license fee, and the seventy-two-hour waiting period may also be waived. For example, in Dallas County, a marriage license costs eighty-one dollars. Couples who complete premarital education will pay only twenty-one dollars. Dallas County also offers an informal marriage license for forty-one dollars (informal marriage certificates are not offered in every state).
Do Both LGBT Partners Have to Apply for a Marriage License Together?
Regardless of whether it's opposite-sex or same-sex marriage in Texas, both parties must be present to apply for a marriage license in Texas under Texas Family Code § 2.002.
However, an alternative process is accessible (Texas Family Code § 2.006) if one of the parties is unable to appear (for any reason). Any adult person or the other applicant can apply on behalf of the missing applicant. They need to supply:
- A notarized affidavit, detailing basic information, and confirming the applicant is not currently married, hasn't divorced within the previous thirty days, and isn't presently behind on court-ordered child support payments.
- Proof of identity and age of the absent applicant.
If both applicants are absent, they must submit an affidavit declaring that they are a "member of the armed forces of the United States stationed in another country in support of combat or other military operation."
Same-Sex Marriage Hurdles in Texas
Despite the legality of marriage across all fifty states, difficulties for LGBT couples can still arise. Regrettably, discrimination still exists, violence remains a problem, and attacks against transgender individuals endure.
What if I Am Not a Resident of Texas?
Although you need to be a resident to initiate a divorce in any Texas county, there is no residency requirement for procuring a marriage license or getting married. As long as you've secured a marriage license, you can legally wed in Texas.
Should We Marry Again in Texas If We Were Married Outside of Texas?
Texas recognizes marriages conducted in any state or foreign land. It is unnecessary to remarry in Texas if you were married outside of it. Gay marriage in Texas is legitimate regardless of where you were married.
Do I Have to Change My Last Name?
No, you aren't obligated to alter your name if you marry in Texas. You are free to keep your name, or take your spouse's name, following marriage. Or, both you and your spouse can adjust your names to a combined form.
What If One or Both LGBT Partners Were Previously Married?
You are allowed to get married if either or both of you were previously married, provided you aren't still married. The single issue with a previous marriage is immediate remarriage. Your divorce must be finalized thirty days prior to the marriage license application, unless you are remarrying the very person you just divorced.
This thirty-day waiting period, before remarrying after a divorce is settled, is intended to give parties sufficient time to file an appeal. However, under Texas law, divorced spouses can remarry each other at any time. A judge can waive the thirty-day waiting period if you file a motion requesting it (the former spouse's consent is not required).
Can Same-Sex Couples Get Divorced?
Yes, same-sex couples can obtain a divorce in Texas (and any other state). The Texas Family Code demands that you be a resident of the county where you file for divorce for a minimum of ninety days and have lived in Texas for at least six months prior to submitting the paperwork to dissolve your marriage. If you recently moved to Texas and don't fulfill the residency requirements to divorce in Texas, it is possible that you can file for divorce in the county and state of your former residence.
What Are the Alternatives to LGBT Marriage in Texas?
Some individuals choose not to marry for various reasons, such as witnessing a difficult marriage as a child or having their own negative experiences. Others opt not to make the commitment. Some alternatives to traditional LGBT marriage are available, each providing various advantages:
Common-Law Union
Two consenting adults can marry without obtaining a marriage license or even having a formal marriage ceremony. Texas is one of the few states that acknowledges common-law marriages as legal unions, a status that originates from ancient English law. Common-law marriages are termed "Informal Marriages" under Tex. Fam. Code §§ 2.401 and 2.402.
Domestic Partnership
Prior to Obergefell v. Hodges in 2015, which legalized gay marriage in Texas and all fifty states, domestic partnerships in Texas were widely utilized as an alternative to gay marriage in Texas. While marriage is now available to all, many counties in Texas continue to provide and recognize domestic partnerships instead of marriage.
Cohabitation Agreements
The new style of prenuptial agreement is the 'no-nup' - a cohabitation agreement. Given the evolving views on marriage, some couples choose to live together in an intimate relationship and desire the protections of a prenuptial agreement but explicitly do not wish to marry. A 'no-nup' agreement is a legally binding document that can establish expectations for an arrangement and safeguard bank accounts, personal belongings, and other assets. Cohabitation agreements cannot cover child custody or support.
Texas Family Law Attorneys for Same-Sex and LGBT Couples
If you have queries concerning your options to safeguard your rights before, during, or after same-sex marriage in Texas, consult a family lawyer at Family Law of North Texas. We handle prenuptial agreements, divorce proceedings, adoption, custody arrangements, and other family law matters for same-sex and LGBT couples. Contact us to procure a consultation from a professional on our team.