Getting Married in Texas: Legal Guide for Couples

Both parties must appear together at a County Clerk's office in Texas to apply for a marriage license. You'll need valid identification (driver's license, passport, or certified copy of birth certificate), and you'll pay a fee (typically $60-$85 depending on the county). There is a 72-hour waiting period after issuance before you can get married, and the license is valid for 90 days. The waiting period may be waived for active military personnel or with a court order.

While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Texas, prenups must be in writing, signed by both parties, and entered into voluntarily with full financial disclosure. For the agreement to be enforceable, both parties should have independent legal counsel review it before signing. This should be completed well before the wedding to avoid any appearance of coercion.

Marriage automatically changes certain inheritance rights in Texas. After marriage, if you die without a will, your spouse has statutory rights to your property. Creating or updating your will ensures your assets are distributed according to your wishes and can provide for your new spouse while protecting children from previous relationships if applicable.

This document designates your spouse or another trusted person to make medical decisions on your behalf if you become incapacitated. In Texas, this is sometimes called a Medical Power of Attorney. The document must be signed in front of two witnesses or notarized. Your witnesses cannot be your healthcare agent, your healthcare provider, or an employee of your healthcare facility (unless they're related to you).

This document allows your spouse or another designated person to handle financial and legal matters if you become incapacitated. In Texas, a durable power of attorney must be in writing, signed before a notary public, and should clearly state that it remains effective during incapacity. You can limit the powers granted or make them broad, depending on your preferences.

Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Texas, beneficiary designations typically override will provisions, so it's crucial to update these forms to include your spouse if desired. Contact each financial institution for their specific beneficiary change forms.

If either spouse is changing their name after marriage, you'll need to update your Social Security card first, then your driver's license, passport, and other identification documents. In Texas, your marriage license serves as proof of name change. The Social Security Administration requires you to complete Form SS-5 and provide your marriage certificate, birth certificate, and photo ID.

Consider whether to maintain separate accounts, create joint accounts, or use a combination approach. Texas is a community property state, meaning most assets acquired during marriage are considered jointly owned regardless of whose name is on the account. However, setting up explicit joint accounts can simplify bill paying and financial management.

Marriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In Texas, you typically have 30-60 days after marriage to make these changes. Contact your health insurance provider or employer's HR department to obtain the necessary forms and understand the process and deadlines.

Texas is a community property state, which affects how property acquired during marriage is owned and divided. Generally, property acquired during marriage is considered community property (owned equally by both spouses), while property owned before marriage remains separate property. Understanding these distinctions is important for financial planning and potential future property division.

Marriage affects your tax filing status. You'll need to decide whether to file jointly or separately for federal and Texas state taxes. For most couples, filing jointly results in tax benefits, but this depends on your specific financial situation. If you've changed your name, ensure your name with the Social Security Administration matches what you'll use on tax returns.

Beyond creating a will, consider whether you need a comprehensive estate plan including trusts, especially if you have significant assets or children from previous relationships. In Texas, a properly structured estate plan can help minimize probate proceedings and ensure your assets are distributed according to your wishes while potentially reducing estate taxes.