Applying for a Texas Marriage License

Just as is the case in other states of the US, Texas marriage law is not the same in every county. Local regulations differ just about everywhere from county to county. Though it is a great idea to know about the regulations, it makes sense to double-check them at the time of applying for a marriage license because the regulations can change. So, before you apply for a Texas marriage license, you would be well advised to go the extra mile and verify all rules with the relevant County Clerk’s office.

Some Texas Marriage License Regulations:

It is necessary to establish your identity and age, which can be done through a certified copy of your birth certificate, valid driver's license or other acceptable ID issued by the State of Texas or another state, or by the US or a foreign government. You must also provide your Social Security number.

A certified birth certificate copy is all a woman needs to confirm her maiden name on the license. If divorced, a certified copy of the Divorce Decree confirming reversion to the maiden name is needed.

In Texas, marriage licenses are valid for 30 days, and usable only within the state. Waivers may be granted for two reasons. Either you need to have an “active duty military” status, or a divorce has been finalized in the previous 30 days and the Divorce Decree waives the usual 30-day waiting period for divorcees.

According to Texas laws, it is not necessary for you to be a resident of the state. No blood test or other medical test is needed either.

Are you an applicant under 18 years of age? If so, your parents must be with you when you apply for a marriage license. If you are under the age of 16 years, you are required to obtain a court order to enable you to marry.

Texas does not legally recognize either cousin marriages or same-sex marriages, but does recognize proxy marriages.

Common Law Marriage in Texas

What is called "common law marriage" in the rest of the world, Texas has redefined as "informal marriage." You have two options for entering into a Texas informal marriage. One is to sign a Declaration of Marriage under oath. The County Clerk's office has a form that must be completed and submitted for this.

“The Declaration and Registration of Informal Marriage,” as it’s known, requires full names, the woman's maiden surname, addresses, dates of birth, places of birth, Social Security numbers and relationship information.

The document states the following:

"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."

The other way to be informally married is to simply live together. In Texas, a couple may represent each other as husband and wife to society and acknowledge each other as such. If you are less than 18, you are not allowed to enter into an informal marriage.

Who Can Marry You in Texas?

All regular ministers of every Christian denomination and Jewish rabbis aged 18 years and above may conduct the wedding ceremony. Once the ceremony is over, the official needs to send the license back to the County Court Clerk within three days for the final marriage certificate to be recorded.