FAQ

I am asked the same questions many times each month about the process of dealing with the official side of getting married. This page is my attempt to provide the answers and if I can, I’ll also cite my sources. Note that this is a long and fairly boring page – it has lots of facts and no pretty pictures.

PLEASE READ IT as you will get a good idea of what you need to know.

Note also that I am not an attorney, an accountant, or a County Clerk. If you need to, you should seek advice from these suitably qualified professionals.

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In simple terms What is the Process?

A couple that want to be married in the State of Texas must both apply in person for a marriage license at a County Clerks office, complete the application and meet the requirements.

Assuming that they both meet the requirements to qualify for the license, once the license is issued a short waiting period usually needs to elapse.

The marriage ceremony itself then takes place.

After the ceremony, I’ll complete the appropriate parts of the license and then return it to the County Clerks office that issued it for filling. For most people – that is it!

IMPORTANT NOTE: As of September 2008, if the couple chooses to attend a State of Texas approved Marriage Education Class (House Bill 2685) that usually lasts eight full hours (yes, that’s a full day) premarital class, there will be; No waiting period on the marriage license (normally three days) and you will not have to pay the State portion of their marriage license fee but you will still pay the smaller county portion, which varies by county. In any event, I recommend that you contact your nearest County Clerks office to verify exactly what fees will apply and for a list of authorized pre-marital courses, if you choose to submit to one.

Where do we get a Marriage License?

A couple that want to be married in the State of Texas must both apply in person for a marriage license at a Texas County Clerk’s Office. Both the bride and groom in the presence of a county clerk must sign the application for a license. Partly completed applications are not acceptable.

Sometimes it is not possible for both to appear in person (for example, one may be in prison or abroad at that specific moment on active military service) and in this event, any adult or the other applicant may apply on behalf of the absent party. Please note that specific additional requirements apply and are usually strictly enforced.

To avoid disappointment and delay, be sure to contact your County Clerk for full details well in advance of the date you intend to apply for the license. In any event, you will both need to know your Social Security Numbers and be prepared to show some kind of proof of age and identity. Certified Birth Certificates, or your Drivers License are the kind of documents that are required. There is a filing fee (it varies but usually goes UP each year) and depending on the individual county, you may be able to pay in cash or by credit card. Contact your County Clerk for the exact amount due and how you can pay this fee.

How long do we have to wait after the license is issued before the wedding ceremony?

You have to wait a minimum of 72 hours (3 days) between the date and time that the license is issued and when your ceremony can occur. There are exceptions to this: If one applicant is on active duty in the armed forces, or a waiver is granted. Contact your County Clerk for more details. As a marriage license is valid for only 90 days, and that includes the 72-hour waiting period, before the marriage ceremony can take place.

What if we forget to bring our license to the ceremony?

No – don’t laugh – this happens more often than you might think. First of all, DON’T PANIC! If you turn up for your ceremony without the license, and for whatever reason, you can’t get someone to go home and get it, then you need to make sure that it gets to me as soon as possible after the ceremony.

The ceremony will still go ahead as planned. I always try and see the license before the day of the ceremony, as I like to confirm all the legal aspects of obtaining the license have been met but it’s not strictly necessary for the ceremony itself. We have a maximum of 30 days after the ceremony to get it completed and filed. So we can always get together a day or so latter for you to give me the license to sign.

Remember that if I can’t sign it and as a result it can’t get filed with the County Clerk then the status of your marriage will be in question. If you like, that’s a set of formal words for: “Without a properly signed and filed license, then you ‘aint married”.

What if I want to get married while I’m on vacation in the Caribbean?

The marriage ceremony itself does not have to happen inside the State of Texas. The ceremony may occur in any other state, any other country, or even out in international waters!

BUT… (isn’t there always a “but” in these matters?), you should realize that if questions should arise, the validity of the marriage may actually be subject to the other jurisdiction’s laws (i.e. where the marriage occurred). The issue ultimately depends (and this is a legal term) “upon which jurisdiction has the most significant interest in the marriage”.

I strongly urge you to research the laws of the other jurisdiction (for example, the other jurisdiction may require the purchase of a local license as well) and you should also seek independent legal advice before planning the ceremony if it’s going to happen elsewhere other than inside The Great State of Texas.

What if I am under the age of 18, can I still get married?

Broadly speaking, no. The Tarrant County Clerk puts it like this: “Both parties must be at least 18 years of age” so you can’t be any plainer than that, can you? Well… “Effective September 1, 2017, if either applicant is under 18 years of age, a court order granted by this state under Texas Family Code Chapter 31, removing the disabilities of minority of the applicant for general purpose is required. In addition, minor applicants must show certified copy of birth certificate with current school ID, driver’s license or state ID.” Once again, if there is any doubt, talk to the County Clerk’s office.

Can I get married if my divorce has just been finalized?

When applying for a marriage license, each applicant must indicate that he or she has not been divorced within the last 30 days. There are two exceptions: Unless the applicants were divorced from each other (in which case, I’m really glad that you could make up), or the prohibition against remarriage was waived under Section 6.802 of the Family Code. You should contact your local County Clerk for more details.

Can I marry my cousin?

In Texas, Section 2.004(6) of the Family code states that on the application form for a marriage license, there must be: “Printed boxes for each applicant to check “true” or “false” in response to the following:

The other applicant is NOT related to me as:
(A) an ancestor or descendant, by blood or adoption;
(B) a brother or sister, of the whole or half blood or by adoption;
(C) a parent’s brother or sister, of the whole or half blood or by adoption; or
(D) a son or daughter of a brother or sister, of the whole or half blood or by adoption.”

This rules out marrying your cousin.

Can ‘Same Sex’ couples be married?

On June 26th 2015, The Supreme Court of the United States ruled that same sex couples may marry in all states of the Union. This means that if you are a same sex couple, that you can indeed get married. As far as I am concerned, if you have a license and the waiting period has elapsed, then I can perform a ceremony for you.

Note that this may change if legislation or court rulings pass to change this.

My girlfriend and I are currently living together. Are we considered married under “Common Law”?

Common law marriage, also known as “informal marriage” is indeed legal in Texas, but a couple may choose whether or not to register their informal marriage. If they do choose to register, both the husband and wife must appear before the County Clerk to file a “Declaration of Informal Marriage”. The couple must list the date on the declaration from which they have considered themselves married. In other words, a couple can be ‘informally married’ for some period of time before registering their informal marriage.

These matters are covered by the Texas Family Code – Statue 2.401.

Do I need to submit to a blood test?

Currently there are no requirements for a blood test or for a health check (including HIV/AIDS tests) in the State of Texas.

There is however a requirement on the County Clerk to: “…distribute to each party printed materials about acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV).”

This may change over time, as laws are changed. Please check with your local County Clerk.

IMPORTANT NOTE: While much of the data presented here has been taken from official State of Texas sources, it is for informational purposes only. I am not an attorney, nor am I a tax advisor.

If there is any question whatsoever about your specific situation or circumstance, I recommend you contact both the County Clerks office where you live and if needed, obtain independent legal counsel.