One of the more commonly used areas of the law relates to marriage and divorce. Most of us at one time or the other experience the first part of these laws and about half of us experience the latter. In either event, the law of marriage has a grand effect on our lives and society. Many would be surprised at just how easy it is to get married. Others would be happy to learn how easy it is to get a divorce. This month’s column will address some common questions relating to becoming married.

Q: What do I need to get married?

A: The answer to this question is dependent upon whether you want a ceremony. The typical ceremonial wedding requires that the couple get a marriage certificate. A marriage certificate can be obtained from the County Clerk for your county for a fee of around $30. Both members of the couple must be present to take an oath and there is a waiting period from when you receive the certificate to when you can get married.

Q: Do we need to get a blood test?

A: No. Texas law does not require a blood test to get married.

Q: Once I get the certificate, what do I do then?

A: After you wait the allotted time, you must have a marriage ceremony. This ceremony can be performed by a judge or a religious leader. Any state or federal judge in Texas can perform a marriage ceremony and most people have this duty performed by their local Justice of the Peace. As for a religious leader, the Texas Family Code broadly defines the qualification of this person. Just about anyone with a certificate or appointment with a religious organization is going to work.

Q: I want my great grandfather to perform the ceremony, is there a way for me to make that legal?

A: Probably yes. Many couples today want a family member to perform their wedding ceremony. The way couples are accomplishing this is to have grandpa anointed by a church as clergy. This can be done online for a small fee. Of course, these religious groups are not well known and appointment has no significance other than a certificate but many family law experts believe this to be a legal method of marriage.

Q: After the ceremony, then what?

A: Whoever performs the marriage for you will sign the marriage certificate and then you should file it with the County Clerk. Once the County Clerk has recorded your certificate, the original will be mailed to you to frame or file. The marriage is complete upon the performance of the service and not the filing of the certificate but it is important to file because your marriage certificate will expire after thirty days if it is not completed and filed.

Q: I want a family member to perform my ceremony but am concerned it will not be legal, is there anything I can do to be sure?

A: Yes. Many couples in your situation get married at the local justice of the peace and then have a formal ceremony in front of friends and family. The problem with this idea to some is that the family ceremony has no legal significance. On the other hand, this question brings up the issue of common law marriage. Texas law encourages marriage and in so doing, it makes a marriage very easy to form. Even if there is some defect in your formal marriage proceeding, living together and holding each other out as husband and wife will make you married.

Q: What is it that I have to do to be common law married?

A: Live together and hold yourselves out as married. You don’t even have to live together for a certain period of time – a few days will work. Thus, if you have some defect in the legality of your wedding ceremony, after you live together and hold yourselves out as married, you are officially married anyway.

Q: Who would challenge the legality of my marriage?

A: Creditors and you spouse. Sometimes in bankruptcy or creditor disputes the validity of your marriage becomes an issue. These issues are usually resolved by obtaining a copy of your marriage certificate. The other time marriages are challenged is when one of the spouses dies and the family is splitting up the deceased property. Sometimes brothers don’t want their rich sister to have been married so they can get more property upon her death.

Q. If I get common law married, I won’t have a certificate – what do I do to prove to people I am married?

A. The Texas Family Code has a filling procedure for common law spouses. You and your spouse can fill out an affidavit form and file it with the County Clerk. Once filed, this affidavit should satisfy anyone that you are indeed married.