There are three legal requirements for getting married. We previously considered the first requirement, namely, that the parties consent to being married. Now we can consider the second and third requirements – i.e., how the marriage is solemnized and the marriage license. This article will use Texas law as an example.

Solemnizing the Marriage

Marriages are solemnized or marked with a formal ceremony. In Texas, the marriage ceremony can be conducted by a licensed or ordained Christian minister or priest, a Jewish rabbi, a person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony, or certain judges or justices of the peace. The marriage is not necessarily invalid if the person conducting the marriage ceremony is not authorized to conduct the wedding, as long as: there was a reasonable appearance of authority by that person, and at least one party to the marriage participated in the ceremony in good faith and that party treats the marriage as valid.

While there are exceptions, generally, a marriage ceremony cannot take place during the 72 hour waiting period immediately following the issuance of the marriage license. The marriage ceremony can only be performed after this period and after the person conducting the ceremony receives an unexpired marriage license. The ceremony has to be conducted before the 31st day after the date the license is issued, or else the marriage license expires.

The Marriage License

Before the formal ceremony, the couple must obtain a marriage license. In Texas, this is done by recording an application with the local county clerk. The clerk records the application and mails out the marriage license to the would-be couple. The license itself lists the date of the marriage ceremony, the county in which the ceremony was conducted, and the name of the person who conducted the ceremony. After the ceremony, the person who conducts the marriage ceremony fills in this information and returns the license to the county clerk.

Consenting to being married, having a wedding ceremony, and obtaining a marriage license are the three requirements to get married in Texas. These are the requirements one takes if they want to get married. Many states also recognize common law marriage, or marriage that occurs without the spouses completing all of the formal steps. Let’s consider common law marriage now.