When couples think about getting married in Texas, the first thing that comes to mind is usually the marriage license — a document you apply for before your ceremony and return afterward to make the marriage legal.

But Texas is unique. Alongside the marriage license, state law still recognizes a second path to legal marriage: the Declaration of Informal Marriage, sometimes called a common law marriage declaration. This option is more than just paperwork — it’s a living piece of Texas history that dates back to the days of the Republic and the Old West.

The Frontier Origins of Informal Marriage

In the 1800s, many Texans lived far from courthouses, ministers, or even established towns. Life on the frontier meant long distances, unpredictable travel, and few formal institutions. Couples often agreed to be married, lived together as husband and wife, and built families without a formal ceremony or license.

Under both Spanish and Mexican legal traditions — which influenced Texas law before and after independence — marriages could be recognized based on mutual consent and cohabitation, especially when access to official authorities was limited.

When Texas became a republic in 1836, and later a state, lawmakers kept this recognition in place to protect families. Recognizing informal marriages meant:

• Property rights could be preserved if one spouse died.
• Inheritance rights for children were protected.
• Spouses could make legal decisions for each other.

That same principle survives today in Texas Family Code §§ 2.401–2.402, allowing couples to officially record an informal marriage through a simple sworn declaration.

Marriage License in Texas — The Traditional Path

A marriage license is the most common way couples get married in Texas. It’s ideal for those planning a future wedding ceremony.

How It Works:

• Apply for a marriage license at any Texas county clerk’s office before your ceremony.
• Provide valid government-issued photo ID.
• Pay the county’s license fee.
• Wait 72 hours before the ceremony (unless waived).
• Have the ceremony within 90 days.
• The officiant signs and returns the license to the clerk, who records it and issues a marriage certificate.

Best For: Couples who are planning a wedding day and want to be legally married immediately afterward. Declaration of Informal Marriage — The Historical Alternative

Declaration of Informal Marriage

A Declaration of Informal Marriage lets couples register an existing marriage that began without a prior Texas marriage license. It’s a formal acknowledgment that:

• You agreed to be married.
• You lived together in Texas as husband and wife.
• You represented to others that you are married.

When It’s Used:

• You had a religious wedding but never obtained a Texas marriage license at the time.
• You’ve been living as a married couple and want official proof.
• You need legal recognition for benefits, insurance, immigration, or estate purposes.

How It Works Today:

1. Complete the Declaration of Informal Marriage form from the county clerk.
2. In the statement section, write the date you agreed to be married — for couples with a religious wedding, this is usually the wedding date.
3. Appear before the county clerk.
4. Present valid ID for both spouses.
5. Pay the filing fee.
6. The clerk witnesses your signatures, records the form, and gives you a certified copy.

Once recorded, the declaration has the same legal effect as a marriage license.

📜 Quick History of Informal Marriage in Texas

• Spanish & Mexican Influence – Before Texas independence, laws recognized marriages based on mutual consent and cohabitation when access to officials was limited.

• Republic of Texas Era (1836–1845) – Frontier life meant many couples lived far from churches or courthouses. Informal marriages protected property, inheritance, and family rights.

• Old West Practicality – Traveling judges, circuit preachers, and long distances made it impractical for every couple to have a licensed ceremony.

• Modern Law – Today, Texas Family Code §§ 2.401–2.402 keeps this tradition alive with the Declaration of Informal Marriage, allowing couples to legally register an existing union without starting over.

💡 Fun Fact: Texas is one of the few U.S. states where this legal tradition still exists — a direct link to its frontier past.

Important: Once filed, a Declaration of Informal Marriage grants the couple all the same rights and legal benefits as a licensed marriage, at both the state and federal level.

Marriage License vs. Declaration of Informal Marriage — Key Differences

Why Texas Still Offers Both Options

The Declaration of Informal Marriage isn’t just an outdated legal relic — it’s a reflection of Texas’ respect for personal choice and its history of independence. It preserves a pathway for couples whose marriages began outside the traditional license process, while still ensuring those marriages have full legal protection.

Whether you’re exchanging vows for the first time or finally putting your long-standing marriage on record, Texas law gives you a way to make it official.