How To Get A Marriage License In Texas

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Hoping to get married in Texas? It's not very costly or difficult to get married in Texas, but you do need to know and follow the rules. For example, you will have to prove your identity and follow time limits.

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Appear before the county clerk. To obtain a marriage license, you need to show up to a Texas county clerk's office. All counties in Texas issue licenses. ^[1] Sometimes these offices are called "marriage license bureaus."^[2]
- Both partners must appear in person. The clerk's official will give you a formal application. You must be at least 16. Applicants under age 18 need a certified copy of their long-form birth certificate issued in the last 10 years and judicial approval or parental consent.
- You will need to take the oath that is printed on the application and signed before the county clerk. You don't have to get married in the county from which you obtained the license.
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Prove your identity and age. To obtain a marriage license, the county clerk will ask you and your partner to prove your identities and ages. There are several ways you can do this.
- Present a driver's license or identification card that was issued in Texas or another American state. The identification card can't be torn or damaged. Expired documents are not accepted.^[3]
- Present a current passport issued by the United States or another country. Present an original or certified copy of your birth certificate. Present a valid government or Military ID.
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Pay the fee. To get a marriage license in Texas, you will need to pay a fee. The fee is generally $70-81 varying by county.^[4]
- If you go through the State of Texas approved marriage education class as a couple and have a completion certificate, you won't have to pay the $60 state portion of the fee.
- You will still have to pay the county portion, which varies by county. Texas marriage licenses are valid in every state.
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Find someone appropriate to marry you. Texas law has specific regulations as to whom can marry someone legally in the state.
- Those who qualify: A retired judge of a municipal court and a retired judge or magistrate of a federal court of Texas; a justice of the Court of Appeals or Supreme Court; judge of the Criminal appeals; judge of the district, county, and probate courts; judge of the county courts at law; judge of the courts of domestic relations; judge of juvenile courts; and retired justice or judge of those courts or current or retired justice of the peace.
- Others qualified to marry people in Texas are a licensed or ordained Christian minister or priest, a Jewish Rabbi, or a person who is an officer in a religious organization authorized by the organization to conduct the marriage ceremony.
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Attend the ceremony, unless you meet the military exemption. Seems obvious, but, yes, you have to actually attend the ceremony and so does your partner or you won't be able to get married in Texas.
- The exception is if you or your future spouse is a member of the United States military who is stationed in another country in combat or another military operation.
- After the ceremony concludes, the person who conducts the marriage should record the date and county where the ceremony was performed on the license, and return it to the County Clerk who issued it no later than the 30th day after the date the ceremony is conducted.
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Follow the time limits. To be married in Texas, you need to have the marriage ceremony before the 90th day after the date your marriage license was issued.
- If you try to get married after that, you won't be able to do so because the marriage license will be expired.
- Be aware that you have to wait 72 hours after obtaining the license to have the ceremony though. There is an exception for military personnel. The 72 hours is waived if you go through the State of Texas approved marriage education class as a couple and have a completion certificate.
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Get an absentee license. If you or your spouse is serving in combat or a military operation overseas and can't attend the ceremony, you or he/she can apply for an absent application affidavit.
- The absent applicant must complete the information on the form, though, and it must be notarized. The application expires 30 days after its issuance.
- Print or type all information in blue or black ink and do not use white out or mark outs. You must appoint a person as proxy and that person has to be present when purchasing the license. People in jail can obtain an absent application form but they can't use a proxy and must be present to get married.
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Apply for an informal marriage license. This is a license that grants a common law marriage that is based on living together and mutual understanding.
- A civil or religious ceremony does not occur in the case of a common law union.
- Most states do not allow common law marriages. Prove your identity with a valid driver's license, valid passport, state-issued ID card, military ID card, or certified copy of your birth certificate or valid photo ID.
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Add New Question

Question

Can I get a marriage license in Texas, but get married in Tennessee?

Yes, marriage licenses issued in Texas are valid in any U.S. county, so getting your license in Texas isn't a problem. For your specific circumstance, your Texas marriage license will be valid in Tennessee, or any other U.S. county that you could want to marry in.
Question

Can I marry an undocumented Mexican citizen in Texas?

Yes, as long as person in question has a valid passport from their country of origin. Legal status does not matter when getting married.
Question

Do I need to provide a divorce decree to remarry?

It can be helpful to have it with you. I know people who were divorced and then applied for another marriage license some years later in the same county and were never asked for it, I suspect because the court record was easily available to the county clerk. Don't take the chance, best to have it.
Question

Once the ceremony takes place and the priest signs, dates, and returns the license - what happens next?

You are officially married. The license is returned to you in the mail by the county clerk. You can then get as many certified copies as you need. Every government office, including drivers license and social security, will want a copy, as well as your banks, employers and insurance companies. Check with your county clerk to see how much the certified copies will cost. Keep the original in a safe place. It is the only one you'll get.
Question

Do I have to have a religious/civil ceremony? I want to be married but I don't want the ceremony part of it.

No, the papers are the only thing that count. It is your wedding, if you don't want to have a whole ceremony you don't have to. But if your fiance wants a ceremony, well it's his/her wedding too. You might want to agree on spending the money on a beautiful honeymoon instead of a few-hour ceremony.
Question

Can I get married on Tuesday if I got a marriage license on Friday?

Yes, the waiting period is 72 hours from the time you obtain the marriage license.
Question

Do you need witnesses?

No. Some counties provide space for "optional" witnesses to sign, but not all. This is why the couple must both apply for the license together.
Question

What if I just want to get married by the court and don't want to have a ceremony?

That's fine. You'll still need a marriage license and an appointment at the courthouse.
Question

What if I get the license and decide not to get married?

Then the license is invalid, because it didn't reach the Governor to sign for validation of the marriage. You've wasted money to pay for the license (price varies by state; in MN its about $100), and on top of that your partner may be very upset.
Question

Do you have to get married in the same county you obtained the license in?

In Texas, the license is valid in all counties, regardless of what county it was applied for in.

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Texas marriage licenses can be used in some other states.
Residency and blood tests are not required to get married in Texas.
You don't need witnesses to obtain the marriage license.
Same sex marriages are legal in Texas as they are throughout the United States now.
First cousins can't get married in Texas.
There is a 30-day waiting period before divorce can be granted in Texas.

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Article SummaryX

To get married in Texas, start by appearing with your partner before the county clerk to get a formal application for your marriage license. At this point, you'll also need to prove your identity and age with a driver's license, passport, or identification card. Then, pay the fee, which is generally $70-80. After you receive your marriage license, you'll need to wait 72 hours before getting married; however, know that the license will expire after 90 days. When you're ready to get married, find a judge, minister, priest, or rabbi to perform the ceremony. To learn how to get an absentee license to get married in Texas, keep reading!

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