Common Law Divorce - FAQ's

Can a child under age eighteen enter into a common law marriage without parental consent?

A person under age eighteen may not enter into a valid common law marriage under Texas law.  Persons under age eighteen are referred to as minors.  Minority is a legal disability that disqualifies a child from making certain life decisions such as marriage, joining the military or dropping out of school without parental consent.  Minors do not have the legal capacity to make these decisions. 

The court can remove this disability or emancipate the minor if a petition for emancipation is filed with the court.  The minor must be at least 16 years old and living apart from his parents, managing conservator or guardian.  He must be self supporting and managing his own financial affairs.  If the court finds that emancipation is in the best interest of the minor, the petition would be granted and the disability of minority removed for all or limited purposes.

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