Can gay couples legally marry in texas

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You must complete a sworn application that establishes the facts required to show that you are legally eligible to enter into the marital relationship. These rights include inheritance rights, allowing a surviving spouse to inherit property without a will.

For an informal (common-law) marriage, proof can be shown with a filed declaration of informal marriage or a court order saying the informal marriage existed.

can gay couples legally marry in texas

The legal status of same-sex marriage in Texas has undergone major changes over the past decade. Take your witnesses, papers and evidence to the hearing.

What is the process of getting married in Texas?

Yes, but it’s a good idea to get a lawyer. These documents are used for various purposes. Without a will, state law decides who inherits your property.

While Texas once banned gay marriage under both state law and its constitution, federal court decisions have since reshaped the landscape. In absence of such planning, a court may make such appointments.

While a spouse can make medical decisions on your behalf if you are incapacitated, a durable power of attorney is necessary for your spouse to manage all of your finances if you are unable to do so due to incapacity or other reason.

Can I represent myself in a same-sex divorce?

Some Texas counties accept the filing of domestic partnership agreements and maintain a registry of domestic partnerships.

A domestic partnership agreement is a document that describes the legal rights and responsibilities between two individuals of any gender in a long-term relationship.

Can same-sex couples enter into informal or "common law" marriage? Hodges — something that has not happened as of 2025.

In 2022, after the Supreme Court overturned Roe v. Supreme Court overturns Obergefell v.

Yes. This is called limited scope representation.

Your property, your money, and your rights as a parent may be at risk.

It is especially important to talk to a lawyer if:

  • you’re afraid for your or your children’s safety, or
  • your case is contested, or
  • your spouse has a lawyer, or
  • you or your spouse has a house, retirement, business, other valuable property or a lot of debt, or
  • you are in a same-sex marriage and you and your spouse have a child but there is no adoption or other court order stating that you are both legal parents

Even if you decide to represent yourself, you should talk to a lawyer for legal advice about your particular situation before filing anything.

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Are same-sex married couples able to access the same benefits and protections under the Family and Medical Leave Act or Employee Retirement Income Security Act as opposite-sex married couples? Applicants must appear in person at a county clerk’s office to apply for the license, presenting valid identification such as a driver’s license or passport, along with their Social Security numbers.

A 72-hour waiting period typically applies between the time the license is issued and the marriage ceremony can take place.