Can a Minor Get Married in Texas?

In order for a person to be legally married in the State of Texas, one must first apply for a marriage license. For minors, there is the added requirement for consent by a parent.

Sec. 2.003 of the Texas Family Code: APPLICATION FOR LICENSE BY MINOR. States in part that in addition to the other requirements provided by chapter 2 of the Family Code, a person under 18 years of age applying for a license must provide to the county clerk:

(1) documents establishing, as provided by Section 2.102, parental consent for the person to the marriage;
(2) documents establishing that a prior marriage of the person has been dissolved; or
(3) a court order granted under Section 2.103 authorizing the marriage of the person.

The Family Code plainly provides that a person under the age of 18 may not be a party to an informal marriage. TEX. FAM. CODE ANN. § 2.401(c)(1). This age requirement was added by the Texas Legislature in 1997. Act of May 26, 1997, 75th Leg., R.S., ch. 1362, § 1, 1997 Tex. Gen. Laws 5113. Kingery v. Hintz, 124 S.W.3d 875, 877 (Tex. App. Houston 14th Dist. 2003)

Although the law allows for an annulment of marriage to a minor, it does not allow for the legal marriage of a minor without parental consent. Section 6.102 of the Texas Family Code merely provides that a marriage of a minor entered into without parental consent or court order, but otherwise allowed by law, is capable of being voided. Kingery v. Hintz, 124 S.W.3d 875, 878 (Tex. App. Houston 14th Dist. 2003)

Consult with a family law attorney or lawyer before consummating marriage of a minor or to a minor.