Same sex marriage became legal in Texas in 2015 after the U.S. Supreme Court issued their decision on the case Obergefell v Hodges. This opinion required all states to issue marriage licenses to same-sex couples. In December 2022, the federal Respect for Marriage Act created statutory protections for same-sex marriages. While the new law does not require all states to issue same-sex marriage licenses like the Obergefell decision does, it requires all states to recognize valid same-sex marriages performed in another state.

The marriage application process is the same for every couple in Texas. See the resources below for answers to common questions about same-sex marriage.

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." Texas law states that a common law marriage may be proved by evidence that the couple:

• “agreed to be married”; and
• “after the agreement they lived together in this state”; and they
• “represented to others that they were married”

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 ruling in Obergefell v. Hodges [PDF].

For more information about common law marriage in general, visit our guide to Common Law Marriage.

Understanding the Law

The website TexasLawHelp.org has created forms and instructions for same-sex divorces. If you and your spouse do not have children, you can use these forms to file for divorce. You may need to talk to an attorney if you have children or if one spouse is pregnant.

For more information about the divorce process in general, please see our guide to Divorce.

Understanding the Law

Forms

These forms are for filing for an uncontested divorce. This means there are no disagreements about what you want to happen in the divorce. If you and your spouse disagree about what you want to happen, then your divorce is contested. Contested divorces are much more complicated. It is a good idea to consult with an attorney for help.

An agreed divorce is where both spouses agree on what they want to happen and are willing to sign divorce forms. Default divorce forms can be used if you don't think that your spouse will participate. If you're not sure which is right for you, check with an attorney.