The marriage application process is the same for all couples in Texas. For more information on common law marriage in general, visit our guide to common law marriage. For more information on the divorce process in general, see our Divorce guide. These forms are for filing for an uncontested divorce.
This means that there are no disagreements about what you want to happen in the divorce. If you and your spouse don't agree on what you want to happen, then your divorce is contested. Contested divorces are much more complicated. It's a good idea to consult with an attorney for help.
An agreed divorce is when both spouses agree on what they want to happen and are willing to sign divorce forms. Default divorce forms can be used if you think your spouse will not participate. If you're not sure which one is right for you, consult an attorney. To get married in Texas, you must first apply for a license at the county clerk's office, and then usually wait at least 72 hours before marrying a judge or authorized religious official.
A ceremonial marriage requires a marriage license issued by the county clerk. You must complete a sworn application that establishes the facts necessary to prove that you are legally eligible to enter into a marital relationship. People under 18 need court orders (see Minors and Marriage). You cannot marry a person with a blood relative of a first cousin or closer.
You can't marry a current or former stepparent or stepchild. The marriage ceremony must take place within 31 days of the date the county clerk issues the license. Generally, the ceremony should not take place within 72 hours of the license being issued. Any judge, judge, justice of the peace, minister, priest, rabbi or other authorized official of a religious organization can perform the ceremony.
It is illegal to refuse to perform a marriage ceremony between two persons eligible to marry on the basis of race, religion, national origin, or sexual orientation. Texas also recognizes common law or informal marriage. Yes, there is usually a 72-hour waiting period before a judge or authorized religious official gets married. If you marry someone in another state or country, the marriage is also valid in the United States and Texas.
See same-sex common-sex marriage in Texas. Some Texas Counties Accept Filing of Domestic Partnership Agreements and Maintain a Registry of Domestic Partnerships. A domestic partnership agreement is a document that outlines the legal rights and responsibilities between two people of any gender in a long-term relationship. These documents are used for a variety of purposes.
Some employers use them to provide insurance and other benefits. Couples who choose not to marry do not have access to many of the property protections available to married couples. Therefore, it may be useful to specify in advance the division of debts, assets and other liabilities in the relationship. A domestic partnership agreement is a legal agreement, but it is not a marriage, an informal or common law marriage, or a civil union.
Even with marriage equality, estate planning is important to protect you and your family. Estate planning is important for many reasons, such as appointing guardians for your minor children and trustees to manage your properties. In the absence of such planning, a court can make such appointments; while a spouse can make medical decisions on your behalf if you are incapacitated, a permanent power of attorney is necessary for your spouse to manage all of your finances if you are unable to do so due to disability or other reason. A will is needed to control the disposition of your assets.
Without a Will, State Law Decides Who Inherits Your Property. For couples who choose not to marry, estate planning is important to obtaining some of the protections for their family that would otherwise be available through marriage. An informal marriage can be documented for the purpose of amending a vital record by a properly filed declaration of informal marriage or a court order has been established ruling an informal marriage. The Department of Labor has extended these protections to all married same-sex couples.
Now that the issue of recognition of same-sex marriage has been resolved by the U.S. Supreme Court, divorce proceedings should not be handled differently from opposite-sex divorces. Same-sex couples can get a divorce in the county where at least one of them resides. Yes, but it's a good idea to hire a lawyer if you can.
This is especially true if there are custody, maintenance, or property issues. Your property, money and rights as a parent may be at risk. Even if you decide to represent yourself, you should talk to an attorney for legal advice about your particular situation before filing anything. Be Prepared If You Should Represent Yourself.
Review the information available on TexasLawHelp. Bring Your Witnesses, Documents, and Evidence to the Hearing. For information on free, low-cost legal help in your county, go to TexasLawHelp's legal aid search tool. You can hire an attorney just to advise you, review your forms, draft a document, or help you prepare for a hearing.
This is called a limited-scope representation. Then, you may be able to handle other parts of the divorce yourself. The information and forms available on this website are free of charge. By using this website, you agree not to sell or make a profit in any way from the information or forms you have obtained through this website.
Four Kitchens strategy, design and digital development. The 14th Amendment to the Constitution says that states will not deprive any person of life, liberty or property without due process of law. Gay and lesbian couples alleged that they were deprived of protections over marriages and families to which opposite-sex couples were entitled. The 14th Amendment also says that states will not deny any person equal protection of laws.
Couples argued that by denying them the right to marry, states denied them equal protection. While same-sex marriage is legal in Texas, new case law has had an impact. If you are considering marrying your same-sex partner in Texas, you can get a marriage license from any county clerk's office anywhere in the state. There is a 72-hour waiting period before you can get married, so it's important to plan ahead.
You'll need to bring identification and pay a small fee. Use of the Internet or this form to communicate with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or urgent information should not be submitted through this form. If you are looking for a firm that is committed to success, I recommend the Schneider Law Firm, a group of excellent lawyers with a great leader, they care about their results working with them.
I felt all the time that you really care about me, that you know the way to succeed and you will follow the path and show you the way to incredible results Mike & Emily, you guys are really great, thank you so much for your great help I am so thankful. Mohamed: He managed to get my case dismissed before it went to trial, which saved me hundreds of dollars. Unheard of with Lawyers My lawyer was Alison Porterfield, it was the best thing that could have happened to my family during our custody battle. She was so competent and caring.
The staff at this law firm is friendly, knowledgeable and very helpful. In my particular case, they did everything they could to help me find the right solution. He gave me advice and opinions before they took my case. It wasn't all about money, they were willing to work with me and every time I had a question, they answered me promptly.
Portifield was very thorough in her preparations for my case and was direct in what I could expect. Laurie and Pricilla are also extremely helpful. I fully trust this law firm and would recommend its services to anyone. Bria Wallace represented me in a family case.
I would recommend it and would have recommended it to many friends who were or have been in the same situation as me. She's very professional and honest. She helped me return the most precious thing. My lawyer was Emily LaChance when dealing with a sexual abuse case of my stepson.
The indictments were filed by her biological father, who has a history of domestic violence and has been vocally distributive in our family long before the accusations, Emily took a thorough diary of all the events before, during and after the accusations to show the prosecutor's office that it was another attack on our family by a volatile and disreputable individual. She stopped the criminal investigation before it began. He also went further in dealing with CPS, which falls under family law. She drove from her office to my home in Bedford to assist in a one-on-one interview with CPS to close her case.
This was a very difficult time for me and my family and it also dealt with the emotional roller coaster I was on. She always answered my questions via email, most of the time instantly, regardless of whether it was 10pm or on the weekend, Even after the case was closed, she did. With the Texas court now recognizing gay marriages, same-sex couples can marry and divorce no differently than opposite-sex couples. Under state law, a same-sex spouse can file for divorce in a county where at least one spouse resides.
Yes, same-sex couples can divorce in Texas (and any other state). The Texas Family Code requires that you be a resident of the county in which you are filing for divorce for at least 90 days and that you live in Texas for at least six months before filing documentation to end your marriage. If you recently moved to Texas and don't meet the residency requirements for a divorce in Texas, you may be able to file for divorce in the county and state of your previous residence. That request to the court came more than a year after state agencies moved to extend benefits to spouses of married, gay and lesbian employees, just days after the high court ruling.
If you are considering moving to another state, you may want to consider seeking legal advice regarding LGBT rights from a family law lawyer or law firm in the state you are considering moving to. The Texas Supreme Court on Friday rejected a lower court ruling that said spouses of gay and lesbian public employees are entitled to government-subsidized same-sex marriage benefits. The process for gay marriage in Texas is exactly the same for gay and LGBT couples as it is for opposite-sex couples. It is recommended that all parties find a good divorce lawyer, regardless of whether they are ending an opposite-sex marriage or a same-sex marriage.
You should also know that, after you get married, the same legal obligations apply to you as a couple of the opposite sex. . .