Austin Travis & Williamson County Texas Divorce Attorney
Marriage by Minors 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.
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)