Note The library cannot tell you what the law means for your situation.
Same-sex marriage became legal in Texas in 2015 after the U.S. Supreme Court issued their decision in Obergefell v. Hodges. This ruling required all states to issue marriage licenses to same-sex couples.
In 2022, the federal Respect for Marriage Act created statutory protections for same-sex marriages. This law requires all states to recognize valid same-sex marriages performed in another state. However, it does not require a state to issue a same-sex marriage license.
The marriage application process is the same for every couple in Texas.
Common law marriage is a valid and legal way for a couple to marry in Texas. The term used in the law is "informal marriage." Section 2.401 of the Texas Family Code states that a common law marriage may be proved by evidence that the couple:
Note The Texas statute about informal marriages still uses the phrase "husband and wife." Despite this, same-sex common law marriages are now recognized in Texas as a result of the U.S. Supreme Court ruling in Obergefell v. Hodges.
For more information about common law marriage in general, visit our guide to Common Law Marriage.
TexasLawHelp.org has forms and instructions for uncontested divorces, including same-sex divorces.
If you and your spouse have children or your spouse is pregnant, you may need to talk to an attorney for help with a divorce.
See our guide to Divorce for more information.
In March 2025, Attorney General Ken Paxton issued opinion KP-0489 regarding the validity of district court orders that direct state agencies to amend a person’s biological "sex" designation on state identification documents.
In 2024, the Texas Department of Public Safety (DPS) stopped accepting court orders that change the sex of an individual or "combined" orders that issue a name change and a gender marker change in the same document. DPS is responsible for issuing driver licenses and state IDs.
Note The library cannot tell you what the law means for your situation.