Texas Marriage License Laws


A wedding is an occasion of great joy. It is a time to think of love, relationships and
the future. Before you can turn your thoughts to the joy of the occasion, you must be
aware of the laws in effect which govern marriages within the State of Texas.
Summarized below are these laws so that you can rest assured that every-thing in
your upcoming marriage is in order.  

Obtaining A Marriage License   

Marriage licenses may be obtained from the county clerk of any county in the state
and are recorded in the county where purchased. Persons applying for a license must
appear together before the county clerk.    If the persons applying cannot appear
together ,  then an "Absent Applicant Form" is required.     

Each applicant must submit:

1. Proof of identity and age are required. (Valid State Driver's License, State Issued
Identification, Military Identification, or Passport Identification, and Social Security
Number if available).

2. Proof of parental consent if an applicant is under the age of eighteen (must be
given during the 30 day period prior to the date of application or on date of
application).

3. Proof that any prior marriage has been dissolved.  A person may not remarry in
Texas within 30 days of the date he or she has been divorced by a decree of a court
of the State of Texas unless the applicants are remarrying each other or the
prohibition has been waived by a court order for good cause.  



Each applicant must complete the application, take the oath printed on the application
and sign the application before the county clerk.  There is a $41.00 fee required. This
fee may vary slightly from county to county.

The county clerk is required to record all licenses issued.  

No medical examination or blood test is required prior to the issuance of a marriage
license in the State of Texas.   

A marriage license expires 30 days following its issuance if the ceremony has not
been performed during that period.

A wedding ceremony may not take place within 72 hours of the issuance of a license
unless an applicant is a member of the armed forces of the United States or the
applicant obtains a court order waiving the waiting period.

A duplicate marriage license may be obtained from the clerk’s office with proof of
identity.

A marriage license issued in a County is valid for marriage in any County in Texas. The
person performing the ceremony fills out the license and returns it to the County
Clerk that issued the license. The license is recorded in the County where it was
issued, the information forwarded to the Bureau of Vital Statistics in Austin, and the
original license returned to the couple.

Residency Requirement:
Neither one of you have to be a resident of Texas. Texas is a great locale for a
destination wedding!

Pre-marital Education:
In Texas, couples are encouraged to attend a premarital education course that is at
least four hours duration. It must be finished during the year preceding applying for a
marriage license. Contact the county clerk for a roster of area course providers.

NOTE: Effective September 2008, the license fee will be waived if a couple takes an 8-
hour premarital preparation course that covers important marital skills and issues
such as conflict management and communication.

Common Law Marriage or Informal Marriage:
Yes. Texas also refers to common law marriage as an informal marriage.
For a marriage to be declared an informal marriage in Texas, a couple has two options.

1. Sign a declaration of their marriage under oath. The form is available at County
Clerk's office.
The Declaration and Registration of Informal Marriage asks for full names, woman's
maiden surname, addresses, dates of birth, places of birth, social security numbers,
and relationship information.

The Declaration states: "I solemnly swear (or affirm) that we, the undersigned, are
married to each other by virtue of the following facts: On or about (Date) we agreed to
be married, and after that date we lived together as husband and wife and in this
state we represented to others that we were married. Since the date of marriage to
the other party I have not been married to any other person. This declaration is true
and the information in it which I have given is correct."
2. Live together as husband and wife in Texas
Represent to others that they are married.
Agree with one another that they are married.
Individuals under the age of 18 may not enter into an informal marriage.

Child Support Statement:
A child support statement is generally included on the marriage license application
and states, "I AM NOT PRESENTLY DELINQUENT IN THE PAYMENT OF COURT-ORDERED
CHILD SUPPORT. TRUE FALSE." This has been the law in Texas since September, 1995.
Under 18:
If you are between 14 and 17 years old, you may apply for a marriage license in Texas
only if you have written parental consent on an official form in the presence of the
county clerk or if you have received an order from the Texas district court authorizing
your marriage.


Proxy Marriages:
Yes. In Texas, any adult person can apply on behalf of an applicant who is unable to
appear personally before the county clerk. An affidavit of absence form must be
provided. If you are incarcerated and are unable to be present for your wedding
ceremony, you can also request a Prison Proxy form.

Cousin Marriages:
No. S.B. No. 6

Same Sex Marriages:
No.