Updated at 5:00 p.m. on Wednesday, Feb. 21 with response from the U.S. Department of Health and Human Services. Updated on Tuesday, Feb. 20 at 4:30 p.m. with comment from Catholic Diocese of Fort Worth Bishop Michael Olson, and at 3:15 p.m. to include comment from Catholic Charities Fort Worth.

AUSTIN — Two Texas women are suing the Trump administration after the couple say they were told they could not foster a refugee child because they don't "mirror the Holy Family."

Fatma Marouf and Bryn Esplin, both professors at Texas A&M University, said they were turned away by Catholic Charities Fort Worth after they expressed interest in applying to be foster parents to a refugee child. Catholic Charities, which has multiple regional offices, is the only organization in Texas that works with the federal government to resettle unaccompanied refugee children here.

Catholic Charities' program is overseen by the U.S. Conference of Catholic Bishops, one of two lead agencies that partners with the federal Office of Refugee Resettlement. With the help of the LGBT legal group Lambda Legal, the couple is suing both the Conference and the U.S. Department of Health and Human Services, saying the decision to reject their interest in foster care violated the U.S. Constitution.

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The federal agency on Wednesday declined to comment on the allegations, citing the pending litigation. In a statement Tuesday, the Texas Conference of Catholic Bishops and Catholic Diocese of Fort Worth did not comment on the couple's specific allegations but insisted their refugee foster care rules comply with all federal regulations and laws.

"Finding foster parents — and other resources — for refugee children is difficult work," Catholic Diocese of Fort Worth Bishop Michael Olson said. "It would be tragic if Catholic Charities were not able to provide this help, in accordance with the Gospel values and family, assistance that is so essential to these children who are vulnerable to being mistreated as meaningless in society."

Marouf, who was raised Muslim, and Esplin, Mormon, have been married for three years. They moved to Texas in 2016 and live in Fort Worth. In their lawsuit, the couple said administrators at Catholic Charities Fort Worth invited Marouf to learn about their foster care program for refugee children.

But when Marouf and Esplin showed up for an interview, the couple said they were told they did not "qualify" to be foster parents. Donna Springer, chairwoman of the organization's board of directors executive committee, allegedly told the couple that foster parents must "mirror the Holy Family," according to the suit.

Marouf, who directs the Texas A&M School of Law Immigrant Rights Clinic, said the agency put its religious views over the best interests of the children in their care.

"Refugee children have been through enough trauma to last a lifetime," Marouf, 41, said. "They need love, stability, and support, which Bryn and I have in abundance."

Esplin, 33, an assistant professor of bioethics at Texas A&M College of Medicine, added: "Being denied the opportunity to foster a child because we don't 'mirror the Holy Family' — clearly code for being a same-sex couple — was hurtful and insulting to us."

In the lawsuit, the couple states that Catholic Charities Fort Worth was aware Marouf was married prior to their interview but may not have known she was married to a woman. The couple said they were told they did not qualify just before the organization's director of immigration services invited Marouf to give a presentation on her legal work at A&M. Even though the women were turned away, Marouf continues to partner on community outreach events and workshops with the charity, Esplin said.

Catholic Charities Fort Worth denies the couple ever spoke with Springer — saying she "never had any contact with the couple" — but acknowledged the then-director of child welfare services talked to them over the phone. The organization also denied allegations in the lawsuit that the couple was told the agency did not have any LGBT kids among the roughly 70 refugee children in its care at the time.

"We do not screen or otherwise ask the children we serve to self-identify if they are LGBT," said Katelin Cortney, Catholic Charities Fort Worth's communications director. "We train our foster families to accept children from all cultures and walks of life so they can be as prepared as possible to welcome someone new into their home."

Last year, Texas passed a law giving legal cover to adoption and foster care agencies that cite religion to turn away prospective parents. Many faith-based adoption groups, including those that receive taxpayer money through state contracts, already turn away LGBT couples or prospective parents who are single, unmarried or not Christian.

For example, Abilene-based Christian Homes & Family Services considers only prospective adoptive parents who attend church weekly and have been married for two years. Buckner International, based in Dallas, will consider single people on a case-by-case basis, but lets only couples married for four years or more become foster parents. Many have policies to turn away LGBT couples or people of other faiths, and one agency rejects prospective parents who own trampolines.

The Texas law, which went into effect Aug. 1, extended additional legal protections if the child placement agency rejects couples based on "sincerely held religious beliefs."

But the law doesn't apply to Marouf and Esplin's case, Lambda Legal said, because refugee child foster care is run through the federal, not state, government.

"We are challenging federal funding to an organization that permits religiously-based discrimination," said Currey Cook, director of the Youth in Out-of-Home Care Project at Lambda Legal. "But while our case does not challenge the state [law], it goes to the heart of the issue in that equally unconstitutional law and demonstrates clearly the danger of such laws — harm to children as result of fewer homes available to them and harm to the loving families turned away."

Facts of the Case (p. 14)

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Millions of dollars in federal aid flow from the Office of Refugee Resettlement to the U.S. Conference of Catholic Bishops and Lutheran Immigration and Refugee Services, the two organizations responsible for overseeing the placement of unaccompanied minor children in suitable homes.

Marouf and Esplin's lawsuit says the federal government and these organizations violated the establishment, equal protection and due process clauses of the Constitution by imposing a religious test in the provision of child welfare services.

Marouf said she contacted the federal government regarding the incident at Catholic Charities Fort Worth but has received no response other than a "thank you" for providing the information.

The Conference of Catholic Bishops did not immediately respond to requests for comment. The lawsuit will be filed Tuesday in the U.S. District Court for the District of Columbia.

CORRECTION, 10:08 a.m., Feb. 21, 2018: This story has been updated to indicate that the charity was aware of Marouf's marriage but may not have known she was married to a woman before denying their interest in foster care, and that Esplin is an assistant professor of bioethics.

AUSTIN (KXAN) — You might’ve heard of the phrase “common law marriage” before, which signifies a different kind of union compared to one marked by a ceremony or other components behind a traditional marriage. But how is it defined here in Texas, and what rights do common law couples have in the eyes of the law?

Texas’ definition of a common law marriage is one where neither of the partners was married, both are ages 18 or older, they agree to be married, they live together in Texas and “represent themselves to others as married,” per Austin-based Abraham Kant Esquire.

On that last point, common law marriages are validated in the eyes of Texas law using several factors, including statements from friends, relatives and other relevant parties that support this relationship status. Other components used to validate a common law marriage can include joint bank accounts or shared credit cards, per Abraham Kant Esquire.

Contrary to some beliefs, common law marriages aren’t dependent on how long a couple has been together, according to Texas Law Help.

Should both partners agree to a common law marriage, they can opt to sign a Declaration of Informal Marriage with their county clerk to serve as validated proof of the marriage, Texas Law Help added. However, this step isn’t a requirement in validating the marriage, per the Texas State Law Library.

While each couple makes marital decisions individually, some factors could include not wanting the costs of a traditional marriage ceremony, or due to religious or personal reasons. For yet-to-be-married couples who’ve lived together for an extended period of time, common law marriages add a layer of financial protection.

If those married under common law decide to separate, the process is virtually the same in Texas as it would be for a traditionally married couple choosing to divorce. The divorcing couple will be required to negotiate their shared property division, maintenance agreements and child custody, as applicable.

However, common law marriage can also allow couples to maintain a level of financial independence, according to Abraham Kant Esquire. Under a common law marriage, couples will sign cohabitation agreements which include an outline of the partner’s financial obligations to one another.

Under these cohabitation agreements, the couple also indicates what property remains under individual ownership of which partner, as relevant.

Make sure your nuptials are legal.

Proposal? Check. Wedding date? Sorted. Now don’t forget the most important item you need to legally tie the knot in Texas—a marriage license. Here’s everything you need to know for two to legally become one in the Lone Star State.

How to Plan a Civil Wedding Ceremony

Where and When to Go

For a formal marriage license, the newlyweds-to-be need to visit any County Clerk’s office in Texas. Both parties must appear in person to sign the application. Some counties have an online application form to be filled before the in-person appointment. Also, different counties in Texas have their own business hours and all are closed on national holidays. And, you don't need to be a Texas resident to apply for a marriage license in the Lone Star State.

It’s best to start thinking about your marriage license well in advance, as there are some time considerations involved. In Texas, a 72-hour waiting period applies so you’ll have to wait for three days from the time you obtain your license to be able to have your ceremony. This three-day waiting period can be waived for active-duty military personnel and those with a written waiver from a judge or a waiver from a Twogether in Texas premarital counseling program. Blood tests, medical exams, and witnesses are not required in Texas.

Your ceremony must be performed within 90 days from the issuing date. If you haven’t gotten married before the expiration date you will need to purchase a new license.

You can also get married in any other state or country that accepts Texas marriage licenses. Renewing your vows? Texas state law requires couples who are already married to still apply for a marriage license for a vow renewal.

Bring Your Documentation

There are a few items you will need to get a marriage license in Texas. For your in-person appointment you’ll need:

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Get Married!

Wedding bells can finally ring! Couples are required to bring their marriage license with them on the day of their wedding to be signed by the person conducting the ceremony.

Authorized wedding officiants in the state of Texas include current or retired judges, ordained or licensed Christian ministers, priests, Jewish rabbis, and officers authorized by religious organizations.

The person who officiates the wedding shall record on the license the names of the people getting married, the date and county the ceremony took place in, and also sign it. Said person will mail the original license to the County Clerk that issued it no later than 30 days after the ceremony. Once the office receives the license, it is copied, filed and the original is mailed to the couple at the address indicated on their application.

Make It Special

Getting that all-important document means you can legally say “I do,” which in itself is worth commemorating. Dress up for the occasion, invite a loved one to join you, take photos, or savor your favorite meal. With your real license in your hands, you can really get married and that’s definitely worth a confetti toss (or two)!

Wedding season is kicking off in Texas, lasting from late spring through early fall.

Here’s what couples planning on getting hitched should know about applying for their marriage license and performing the marriage ceremony.

A marriage license may be obtained from any county clerk’s office. To get their marriage license, a couple must go to a county clerk’s office in person to apply for a marriage license, unless your Texas county offers an online application process.

If you’re unable to go in person to apply for a marriage license, Tarrant County allows you to do so via video conference. For this option, you should have access to a computer or laptop, internet access and audio video capabilities. You must also complete the Affidavit of Age and Identity form.

Couples must wait 72 hours from the time of getting a marriage license to the marriage ceremony. This waiting period may be waived for members of the armed forces, by a judge or if the couple has completed a premarital education course.

A marriage license expires if a ceremony isn’t conducted within 90 days after it was issued. Before returning the license to the county clerk who issued it, the officiant must record on the license the date of the ceremony, the county where it was performed and their personal information. It must be returned no later than 30 days after the ceremony. Then, the county clerk must return the marriage license to the address on the application.

Here’s who can marry couples in Texas, per the Texas Family Code:

To get a Tarrant County Justice of the Peace to perform your ceremony, you’ll need your marriage license, $100 cash and a scheduled appointment through phone call. In-person ceremonies are conducted Monday through Friday from 8 a.m. to 4:30 p.m. Zoom wedding ceremonies are available daily between 10 a.m. and 5 p.m.

Marriage by proxy is available only if the person is a member of the armed forces, stationed in another country and unable to attend the ceremony.

There is no need to register with the state as a wedding officiant, and no state agency requires officiants to register before they can conduct a marriage ceremony. If they review the law and believe they can perform the marriage ceremony, then they can perform it.

There are two types of marriage licenses: formal marriage license and declaration and registration of an informal marriage, also known as common law marriage.

Common law marriage, marriage without formalities, is a valid and legal way for a couple to get married in Texas.

If one of the marriage license applicants is unable to apply for it in person and is 18 or older, the other applicant can apply on their behalf. According to Texas Family Code Section 2.006, the person applying on their behalf should present the following to the county clerk:

Per Section 2.006, a clerk may not issue a marriage license when both applicants are absent, unless the clerk is presented with affidavits stating that they are active duty military members currently stationed in another country.

To get a copy of your marriage license, you must purchase it from the county clerk where the license was issued. If you don’t know where the marriage license was issued, you can use the marriage indexes available from the Texas Department of Vital Statistics to search for the marriage record.

In Tarrant County, you can obtain a copy of your marriage license by mail, in person at one of these locations or online. The fee is $21 for one copy and $10 for each additional copy purchased at the same time.

Marriage certificate is a term commonly used when referring to marriage-related documents, but it is not used in the Texas Family Code.

Some people mistakenly use the phrase marriage certificate when referring to the marriage license that is issued by a Texas county clerk for a formal marriage. A marriage license is the correct term for the legal document used to provide proof of the marriage. However, some Texas counties offer a keepsake marriage certificate for an additional fee, though this may be separate from the marriage license itself.

Marriage certificate is also used when referring to a declaration of informal marriage, which is the document that can be filed with the county clerk to register a common law marriage. To get a copy of your informal marriage declaration, contact the county clerk’s office where it was filed. For couples that choose not to declare their common law marriage, documents like lease agreements, tax returns and insurance policies may be requested in order to prove the marriage.

Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.

Table of Contents

Marriage is usually a happy event, especially at the beginning. Over time, some marriages sour and though the divorce rate has been dropping, about 45% of all marriages still end in divorce in the United States. Divorce isn’t the only way to end a marriage, however. Annulment in Texas or any other state is another option to end a marriage.

This article will explain what an annulment is and the steps to take to get your marriage annulled in Texas.

What Is an Annulment?

You’ve probably heard the phrase “null and void” to describe something that is totally disregarded or not legal. That applies as much to a marriage as it does to any contract. An annulment is a legal proceeding to declare a marriage legally nonexistent. The marriage is — from a legal perspective at least —- erased completely as though it had never happened in the first place.

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Obviously, if there’s been a wedding with a ceremony and a license, no one can go back in time and make it so that the event didn’t happen. When a marriage is annulled, however, the law treats it as if someone had. An annulment makes it so that, legally, the marriage never even happened.

A divorce, on the other hand, ends a marriage that, legally and in every other sense, happened and lasted for a period of time before ending.

An annulled marriage is one that was erased by the court through a legal process that we’ll describe more fully in the next section. A void marriage is a marriage that is invalid under Texas law on its face.

Some examples of marriages that are void and totally invalid in Texas include:

The major difference between a marriage that is void and one that can give rise to a suit to annul the marriage is that a void marriage can never be valid while a couple can take actions to make a marriage valid that could have been annulled.

How to Qualify for an Annulment

To have a marriage annulled in Texas requires that the marriage be “voidable.” That means that there must be something about the marriage that would make it invalid, but the couple could take some action to make the marriage valid — to “ratify” the marriage.

The most common way that a voidable marriage is ratified is for the couple to live together as a married couple after learning of the problem. For example, a marriage can be annulled if one party was tricked into getting married. If that person finds out about the trick and continues to live with their partner, though, they have effectively signaled that they are okay with the marriage despite the trick and ratified it.

The grounds for annulment in Texas are:

In the latter case, there are some exceptions to the Texas rule requiring at least 72 hours between the issuance of a license and a wedding. If one spouse is in the military or works for the Department of Defense, completes a premarital education course, or is granted permission by the court, then marrying within 72 hours of the license being issued is not be grounds for annulment.

You can seek an annulment at any point in time while both spouses are alive. However, if the marriage occurred too quickly after a divorce, you only have one year to file for the annulment. If it occurred too quickly after a marriage license was issued, the court will only consider an annulment within 30 days of the marriage. If a spouse was under 18 at the time of the marriage, the annulment must be filed before that person turns 18.

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Annulment Process in Texas

To be able to file for an annulment in Texas, one of the spouses must live in Texas, or the marriage must have taken place in Texas. If you meet this requirement, you can file for an annulment in the county where the marriage occurred or where the parties lived during the marriage.

There’s no waiting period after you file your Petition to Annul a Marriage — unlike the 72 hour waiting period required between getting a marriage license and getting married in most cases. However, courts often have busy schedules that will mean having to wait anyway.

There will be a hearing where a judge will consider the facts of your case and make a decision. If you don’t meet the requirements for an annulment or the judge denies the annulment, you can seek a divorce in Texas without many of the strict requirements needed to have a marriage annulled.

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Frequently Asked Questions About Texas Annulments