Texas · statute · Tex. Family Code · 2,346 active provisions
(a) The definitions in this subchapter apply to this title. (b) Except as provided by this subchapter, the definitions in Chapter 101 apply to terms used in this title. (c) If, in another part of this title, a term defined by this subchapter has a meaning different from the meaning provided by this subchapter, the mean…
"Court" means the district court, juvenile court having the jurisdiction of a district court, or other court expressly given jurisdiction of a suit under this title.
"Suit for dissolution of a marriage" includes a suit for divorce or annulment or to declare a marriage void.
In order to promote the public health and welfare and to provide the necessary records, this code specifies detailed rules to be followed in establishing the marriage relationship. However, in order to provide stability for those entering into the marriage relationship in good faith and to provide for an orderly determ…
When two or more marriages of a person to different spouses are alleged, the most recent marriage is presumed to be valid as against each marriage that precedes the most recent marriage until one who asserts the validity of a prior marriage proves the validity of the prior marriage.
The law of this state applies to persons married elsewhere who are domiciled in this state.
Except as expressly provided by statute or by the constitution, a person, regardless of age, who has been married in accordance with the law of this state has the capacity and power of an adult, including the capacity to contract.
(a) A spouse may sue and be sued without the joinder of the other spouse. (b) When claims or liabilities are joint and several, the spouses may be joined under the rules relating to joinder of parties generally.
A right of action by one spouse against a third party for criminal conversation is not authorized in this state.
A right of action by one spouse against a third party for alienation of affection is not authorized in this state.
A promise or agreement made on consideration of marriage or nonmarital conjugal cohabitation is not enforceable unless the promise or agreement or a memorandum of the promise or agreement is in writing and signed by the person obligated by the promise or agreement.
(a) A digitized signature on an original petition under this title or any other pleading or order in a proceeding under this title satisfies the requirements for and imposes the duties of signatories to pleadings, motions, and other papers identified under Rule 13, Texas Rules of Civil Procedure. (b) A digitized signat…
(a) A man and a woman desiring to enter into a ceremonial marriage must obtain a marriage license from the county clerk of any county of this state. (b) A license may not be issued for the marriage of persons of the same sex.
Except as provided by Section 2.006, each person applying for a license must: (1) appear before the county clerk; (2) submit the person's proof of identity and age as provided by Section 2.005(b); (3) provide the information applicable to that person for which spaces are provided in the application for a marriage licen…
(a) A person under 18 years of age may not marry unless the person has been granted by this state or another state a court order removing the disabilities of minority of the person for general purposes. (b) In addition to the other requirements provided by this chapter, a person under 18 years of age applying for a lic…
(a) The county clerk shall furnish the application form as prescribed by the bureau of vital statistics. (b) The application form must contain: (1) a heading entitled "Application for Marriage License, ____________ County, Texas"; (2) spaces for each applicant's full name, including the woman's maiden surname, address,…
(a) The county clerk shall require proof of the identity and age of each applicant. (b) The proof must be established by: (1) a driver's license or identification card issued by this state, another state, or a Canadian province that is current or has expired not more than two years preceding the date the identification…
(a) If an applicant who is 18 years of age or older is unable to appear personally before the county clerk to apply for a marriage license, any adult person or the other applicant may apply on behalf of the absent applicant. (b) The person applying on behalf of an absent applicant shall provide to the clerk: (1) notwit…
The affidavit of an absent applicant must include: (1) the absent applicant's full name, including the maiden surname of a female applicant, address, date of birth, place of birth, including city, county, and state, citizenship, and social security number, if any; (2) a declaration that the absent applicant has not bee…
A county clerk who issues a marriage license for an absent applicant shall maintain the affidavit of the absent applicant and the application for the marriage license in the same manner that the clerk maintains an application for a marriage license submitted by two applicants in person.
(a) The county clerk shall: (1) determine that all necessary information, other than the date of the marriage ceremony, the county in which the ceremony is conducted, and the name of the person who performs the ceremony, is recorded on the application and that all necessary documents are submitted; (2) administer the o…
(a) Except as provided by Subsections (b) and (d), the county clerk may not issue a license if either applicant: (1) fails to provide the information required by this subchapter; (2) fails to submit proof of age and identity; (3) is under 18 years of age and has not presented: (A) a court order granted by this state un…
(a) This section applies only in a county in which the county clerk has been certified by the Texas Judicial Council under Section 71.039, Government Code, to issue a marriage license through the use of remote technology. (b) In a county to which this section applies: (1) a person who applies for a marriage license thr…
The Department of State Health Services shall prepare and make available to the public on its Internet website information about acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV). The information must be designed to inform an applicant for a marriage license about: (1) the incidence and…
A county clerk or deputy county clerk who violates or fails to comply with this subchapter commits an offense. An offense under this section is a misdemeanor punishable by a fine of not less than $200 and not more than $500.