Texas Marriage Laws
Are you looking to get married in Texas (TX)? Currently San Antonio is one of the hottest spots for a destination wedding in Texas. If you are planning to elope or to have a full destination wedding then contact the Bexar County Courthouse for more details. As always remember that marriage laws very from county to county, so before you start looking at honeymoon packages, you might want to make sure you have all the Texas Marriage License Requirements taken care of to receive a Texas marriage license.
Texas Marriage Laws and Texas Marriage License Requirements
Valid US ID
Texas requires one form of identification as well as a SSN. The only valid IDs accepted are a driver’s license, United States passport, a certified copy of your birth certificate, a U.S. military ID card, and social security number.
Residency
Neither the bride nor the groom has to be a resident of Texas. This makes Texas a popular destination for either eloping or a destination wedding.
Waiting Period
Yes, there is a waiting period in Texas, so make sure you factor this into your plans. The waiting period is 3 days or 72 hours. The only time the waiting period can be waved is for active military personnel.
Length Marriage License is Valid
Once you have received a marriage license from the state of Texas it is only valid for 30 days. Also, the license can only be used within the State of Texas.
Medical and Other Tests
The state of Texas does not require a medical exam or a blood test.
Age Requirements
The minimum age to apply for a marriage license is 14. Persons between the age of 14 and 17 must have written parental consent or permission via court order. The parental consent must be given on an official document, and signed in front of a county clerk. After the age of 17 there are no stipulations for marrying in the state of Texas.
Marriages by Proxy
Yes proxy marriages are allowed in Texas. Anyone one of legal age may apply in the stead of a prospective bride or groom who can not appear before the county clerk. You will need to contact the county clerk’s office to obtain the correct forms for your proxy marriage. Texas does allow prison inmates to marry. Again there is a special form for prisoners who wish to have a proxy marriage.
Previously Married
The only stipulation for remarrying is in the case of a divorce. In Texas there is a 30 day waiting period for getting remarried. Under certain circumstance the 30 day period can be waived.
Fees and Taxes
Fees range from $31 through $41. As with most states cash is generally required in order to purchase a marriage license.
Marrying a Cousin
Marrying a cousin is not allowed in Texas.
Common Law
There is a provision for a common law or informal marriages.
Same Sex Marriages
Same sex marriage is not allowed in the state of Texas.
Wedding Officiants
Texas provides for a wide range of officiants. You will need to plan ahead to make sure there is an officiant available who provides fulfills any religious requirements you have. In general any member of the clergy can officiate a wedding. Judges, magistrates or a justices of the peace can officiate your wedding.
Miscellaneous
Please leave a comment and let me know if you have any other information that might be useful.
Obtaining a Copy of Marriage Certificate
You must contact the Bureau of Vital Statistics to receive a copy of your Texas marriage certificate.
Premarital Counseling
Texas does not require pre-martial counseling but it is officially encouraged by the state.
Topics: Texas |
May 25th, 2007 at 1:49 pm
I do not understand the part regarding back pay on child support. My future husband does have back pack due to a compnay lay- off and it took him five months to regain employment. He has been to court and has been working for almost nine months now. The judge and child support office has him set up where the back pay is with drawn from his check weekly. will this hinder him in getting our licenses?
May 25th, 2007 at 5:03 pm
I am in no way qualified to give legal advice, but I do know that the Texas Marriage license does have a clause that states: “I AM NOT PRESENTLY DELINQUENT IN THE PAYMENT OF COURT-ORDERED CHILD SUPPORT.” The question is a true or false question and must be answered.
This kind of question could easily be answered with a Pre-Paid Legal membership, and if you are interested I could get a representative in touch with you. If you are not interested in that what you would need to do is contact the county clerk office in the county you want to marry in and ask them. My guess would be that if your soon to be husband is working with the court then you are probably okay. I would just call them and ask the question.
February 15th, 2008 at 9:49 pm
wat if you are 17 and your girl is 15 and we want to get married how would we go about doin that? please respond
March 20th, 2008 at 8:02 am
my question is what are the laws or rules on marrying an inmate in a FCI prison in the state of texas whats the cost and so on can you send me information? thank you
June 19th, 2008 at 9:40 am
where would i fine the county clerk offices because they are nit listed on any website that i have visited
July 8th, 2008 at 1:28 pm
If you marry in Texas, do you have to divorce in Texas as well?
July 10th, 2008 at 11:18 am
what do you have to do to marry an inmate in the Texas prison system? could you please send me all the info I will need thank you so much.
October 2nd, 2008 at 3:27 pm
i want to marry my fiance in texas she is texan born i am irish can i live in texas after the ceramony
November 14th, 2008 at 9:45 am
If someone lies about being delinquent on child support when they get the license - does it invalidate the marriage?
December 8th, 2008 at 5:35 pm
I’m 17, my boyfriend is 16 and he’ll be 17 next month, but all he has is his SS card, but I’m pretty sure we could get his birth certificate, can he use that as a form of ID, because he doesn’t have a Texas ID. I have all my documents, ID, SS card, birth certificate…etc. please email me back…thanks.
December 10th, 2008 at 7:25 pm
I was wondering, if it is possible to marry by proxy to an active duty military person who is over seas? We were engaged before he left, and now I am pregnant with his child unexpectedly and we would like to be married before the child is born, and he will not be returning until the child is already born. What can we do?
December 10th, 2008 at 8:05 pm
r.elizabeth,
Yes it is. You should contact the county clerk of court for details.
January 21st, 2009 at 9:53 pm
My fiancee and I would like to get married by justice of the peace but were wondering if the ceremony must take place in the court or can we have the judge go to the destination we would like.?
January 22nd, 2009 at 6:14 am
Hi lo. No you do not have to get married at the court house, but arrangements will need to be made to fit the Justice of the Peace or Judge’s schedule. There will most likely be a fee for his\her travel and time.
February 15th, 2009 at 4:17 pm
What are the laws on marrying an inmate in the Hays County Jail? I am out of state and I would like to know all the information I can before I travel out there. What arrangements do I need to make?
March 17th, 2009 at 10:59 am
My daughter assures me that practically anyone can perform a marriage ceremony these days. I have not been able to find out how this can be legally done. No one I’ve called seems to know anything!
Also, does the Vital Statistics office (or whoever) automatically send you the marriage certificate after they receive the signed license (after the ceremony)?
March 22nd, 2009 at 1:54 pm
Hi. I need to know if I receive an I-129F visa from Canada to marry in Texas, will I still need US id to pick up the marriage license with my Texan fiancee? Thanks.
March 25th, 2009 at 6:12 am
Barbara,
One question I wish I would have asked myself 13+ years ago was “Why do I need the State’s permission to marry”? Marriage licenses were not issued in this country until the late 1800’s. They were only issued to stop free black people from marring outside of their race. Our founders and most likely your great grand parents never had a state issued marriage license. Marriages were performed by fathers and ministers. Vows were exchanged and the whole community recognized the marriage as valid.
Here is a link to a site explaining why why from a christian perspective why you should not get a State issued license: http://www.mercyseat.net/BROCHURES/marriagelicense.htm
April 2nd, 2009 at 7:14 pm
my boyfriend age 20, and i age 19 want to get eloped but we both are still in college and on our parents insurence. will we be kicked off their insurence? i ask because we would like our marriage to remain secret.
April 3rd, 2009 at 6:24 am
Yes adri, you would lose insurance coverage.
April 12th, 2009 at 11:27 pm
My question is, if a person got married in Mexico, then a person gets remarried again in Texas with te same person. Then realizes that there was no need to married a second time with the same person, then gets a divorce to erase the second marraige. Is the first marriage in mexico knulled?
April 17th, 2009 at 9:26 pm
I recently got married and just as I was updating my last name on my id, the dps told me that since I have no middle name, it is required that my maiden becomes my middle name. Was there a new law that passed this? Do I have an option to have 2 names (ex:jennifer rodriguez) instead of Jennifer Balderas Rodriguez? Is there anyway around that?
June 30th, 2009 at 1:24 pm
My fiancee has a warrant out hes paying on, and we wanna get married. In Texas can that be legally done or do we have to wait until hes paid back the fine fully.
August 18th, 2009 at 8:39 pm
So if a 18 year old and a 15 year old wanted to get married could they?
How about 18 and 16?
August 23rd, 2009 at 11:05 pm
Can my dad and future brother in law officiate together if my brother in law is a judge in our county?
September 10th, 2009 at 6:07 pm
I am officiant in Atlanta, Georgia. I have been requested to perform a marriage ceremony between a couple. The groom is active military, stationed in Texas. The bride is presently out of the country. Both are U.S. citizens and native to Atlanta. Their time schedule is such that they wish to be married Sunday, Oct 4th here in Atlanta, but they are unable to obtain a marriage license immediately prior to the wedding, travel being their obstacle. They wish to apply for a wedding license in Texas, time and availability favoring them there. They wish to bring it with them home to Atlanta and be married here. Am I legally allowed to sign their Texas certificate while performing the ceremony in Georgia? Will it be legal? Thanks so much. Rev. Robert W. Thomas
September 30th, 2009 at 6:55 pm
if my fiancee is married and going thru a divorce in another state will this stop our license from going thru and can he get in trouble for poligamy
December 15th, 2009 at 9:21 am
My girlfriend currently lives in Texas and I am living in Pennsylvania. Right now neither of us are able to move to either state but we wish to get married now. Would we be able to have a proxy marriage if i just send her copies of my id and ss? If anyone could help clear this up for us more we would greatly appreciate it. Thanks
January 7th, 2010 at 6:50 pm
I and my fiance are both serving in the military and have been trying to get stationed at the same base. My next assignment is still up in the air and we are desperately hoping it ends up the same place as him. To help out our odds and start our life together we want to get married but are finding time and distance quite the obstacles.
I’ve considered doing a proxy marraige (Right now I’m stationed in Texas, he’s stationed in California) rather than waiting for when he can easily come to see me. (Two and a half months from now) We plan on having a court house marriage and having a formal wedding a year later. So my biggest hiccups are the cost of a proxy marriage, which I’ve found to be $900+, and the fact that some states don’t validate the marriage. I guess my real question is what is the price of a proxy marriage and could I get a ‘real’ marriage later when we have the wedding?
January 23rd, 2010 at 2:47 pm
i want to marry my boyfriends who is in army training in kentucky and i am in texas, how can i go about marrying him??
February 2nd, 2010 at 10:17 am
the groom is 18 and the girlfriend is only 15 do they can get married in texas?
February 3rd, 2010 at 8:42 pm
if i do not have a texas id can i use the birth certificate instead? if i want to get married through the church do i get the marriage license through texas after or do i have to get it before?
February 10th, 2010 at 6:48 pm
Ok so I’m trying to get a hold of a person name rachel at the courthouse. My boyfriend is an inmate at county and is getting sent to tdc we want to marry before he leaves how can I get this done asap?.
February 22nd, 2010 at 8:09 am
Is there a law in Texas that says you can only be married a certain number of times if you are under a certain age?