- First, middle, last, suffix
- Street, city, state, zip
- Including county
- One address for both
- Certified copy sent after marriage
There are five true/false questions:
- You're unmarried
- False okay if remarrying current spouse
- Same as above…
- False okay if remarrying current spouse
- False okay with court waiver
- False okay if remarrying divorced spouse
- False will not stop licensure
- Ascendant, descendant, sibling, aunt, uncle, niece, nephew, first cousin
- Includes stepparents and stepchildren
- Includes whole and half blood
- Includes adoptions
What does the absentee application ask for?
Besides the regular application questions, the affidavit of absent applicant asks:
- Who you'll marry
- Name
- Maiden name
- Age
- Address
- Optional
- May not be co-applicant
- For U.S. armed forces stationed overseas
- Name
- Title
- Signature
- Seal
What does the informal marriage application ask for?
The declaration and registration of informal marriage form is the same as the regular form, but also asks for your marriage date.
Can I download a blank marriage license application?
You may download the marriage license, absentee, or informal marriage form for sample use only.
Attendance
Can I apply absentee?
You may apply absentee for any reason with a notarized affidavit of absent applicant.
Can we both apply absentee?
Both applicants may apply absentee if both are in the U.S. armed forces stationed overseas.
How old must I be to apply absentee?
You must be at least 18 years old to apply absentee. So must the other applicant.
How do I prove I'm military stationed overseas?
Military members need not prove their overseas post. Just declare it as fact.
Who submits the absentee form?
Any adult may turn in one or both absentee forms with the absentee's ID.
Age Requirements
How old must I be to marry?
Aged 18 and above?
If you're at least 18 years old, you may marry without parental or court approval.
Aged 16 and 17?
If you're 16 or 17 years old, you may marry if you're emancipated.
Aged 15 and below?
If you're 15 years old or younger, you may not marry in Texas.
What are the underage marriage rules?
Did the law change?
On July 15, 2017, Texas Gov. Greg Abbott signed HB3932, which toughens child marriage laws. It went into effect September 1, 2017.
What did the law change?
Emancipation replaces court hearings. The minimum age of marriage is now 16.
Is parental consent needed?
Parental consent is not required for a minor to marry.
How do I prove I'm emancipated?
Show a certified copy of the court order that removes your disabilities of minority.
Do I have to be emancipated in Texas?
Your emancipation court order may come from Texas or another state.
Premarital Education
Why take a premarital education course?
Complete 8+ hours of premarital education and save up to $60 off the license fee and waiver of the 72-hour waiting period.
How do I find a course or provider?
You may search for nearby courses and registered providers or phone 877-541-7905.
When should I take a course?
Complete your course within one year of applying for a marriage license.
Waiting Period
When will I get my marriage license?
You'll get your marriage license right after applying, but must wait 72-hours to use it.
How do I get the 72-hour waiting period waived?
Are you military?
The 72-hour wait does not apply to active duty U.S. military members.
Do you work for the DoD?
The 72-hour wait does not apply to Department of Defense employees or contractors.
Do you have a court waiver?
You may ask a judge to waive the 72-hour wait time for good cause.
Did you complete premarital education?
An unexpired premarital education completion certificate waives the 72-hour wait.
Expiration
How long will my marriage license last?
Your marriage license will remain valid for 90 days after issuance.
Identification
Do I have to show ID?
Bring proof of identity and age with one of the following unexpired forms of ID:
- Driver's license or state ID card
- U.S. or Canadian
- Less than two years expired
- U.S. or foreign
- Foreign passport must have visa
- Must have photo
- Includes dependents
- Active duty, reserve, or retired
- State-, consular-, or government-issued
- Original or certified copy
- Visa
- Green card
- Citizenship certificate
- Naturalization certificate
- Citizen ID card (Form I-197)
- Employment authorization card (EAD)
- ID card
- Driving permit
- Issued by TxDPS
- Includes birth documents
- State or national government
- Name or sex change
- Original or certified copy
- High school and above
- Active the past two years
- Issued by TX Department of Criminal Justice
- Car title
- Pilot's license
- Handgun carry license
- Voter registration certificate
- DD Form 214, discharge certificate
- Divorce decree or marriage certificate
Do I have to show my birth certificate?
You need not show your birth certificate.
Do I have to show my social security card?
You need not show your social security card. Just know the number.
How do I show ID if applying by absentee affidavit?
Whoever's applying on your behalf must bring your ID. It may not be a photocopy.
Blood Test
Is a blood test required?
Texas got rid of the premarital syphilis and STD blood test provision in 1983.
Divorced
Do I have to show I'm divorced?
You do not have to show your divorce decree.
How soon can I marry after divorce?
You must wait 30 days to apply for a marriage license following divorce.
How do I get around the 30-day divorce wait?
If you're not remarrying your divorced spouse, get a court order to bypass the wait.
Widowed
Do I have to show I'm widowed?
You do not have to show a death certificate.
How soon can I remarry following a spouse's death?
There is no waiting period between the death of a spouse and remarriage.
Name Change
How do I change my name through marriage?
You may submit your name change forms with a certified copy of your marriage certificate.
Witnesses
Do I need witnesses?
You do not need a witness at your marriage ceremony.
Can I still have a witness sign my marriage license?
Only your officiant may sign the marriage license. Not even you may sign it.
The Ceremony
Who can conduct our marriage?
A judge, justice, magistrate, or approved officer of a religious body may solemnize your marriage.
Does my officiant need to register in Texas?
Texas does not register or vouch for officiants.
Can we self-solemnize our marriage ceremony?
You may not self-solemnize your marriage ceremony. You must use an officiant.
License Return
When must my marriage license be returned?
Your officiant must return the marriage license to the issuing county clerk within 30 days after marriage.
Marriage Certificate
How do I get a copy of my marriage certificate?
You may buy a certified copy of your marriage certificate from the county clerk who issued you your marriage license.
Proxy Marriage
Can I get married by proxy?
You may marry by proxy if you apply by proxy and are a member of the U.S. armed forces stationed overseas.
How do I appoint a stand-in?
You must name your proxy when applying for a marriage license.
Prohibited Marriage
Can I marry a cousin?
You may not marry a first cousin.
Can I marry a family member?
You may not marry up or down your family line. This extends to siblings, aunts, uncles, nieces, nephews, and first cousins.
Can I marry a half-blood relation?
You may not marry a half blood relation. Texas treats it the same as whole blood.
Can I marry a stepchild or stepparent?
You may not marry a current or prior stepchild or stepparent.
Can I marry someone I'm related to by adoption?
Texas treats relationships by adoption the same as blood relations.
Common-law Marriage
Does Texas allow common-law marriage?
Common-law marriage is legal in Texas, where it's called informal marriage.
Vow Renewal
Can I get a vow renewal marriage license?
You may apply for a marriage license to renew your vows or remarry your spouse.
Office Locations
Where will you apply?
Comments
Share your questions or comments
193 Comments
Litong Nie says:Hi, I and girlfriend are both Chinese with J1 visa and B1 visa, respectively. We want to get married in Hoston. What documents should we prepare? Do we need certification from china-consulate before marriage? Thanks,
Staff says:Hi Litong. Your visas alone will serve as sufficient ID to get married in Houston or anywhere else in Texas. The county clerk simply needs to verify your name and age, which your visas will supply.
Claudia says: The only document is required is a ID and can be your passport. Mercedes says:Hello! I'm living in Spain, have a German passport and my fiance lives in the US, we are planning to get married in around a year in the US, Texas, would my passport and visa be enough as documents or is there anything else I should take with me? Thanks a lot!
Staff says:would my passport and visa be enough as documents
That's all the identification you need to bring. Mercedes says: I won't be needing my birth certificate? That's perfect then. Thanks a lot for the help! Staff says:Thanks a lot for the help!
You're welcome. Best of luck to you. hopeful says: can you marry in Texas with a mexican passport and an expired visa? Staff says:Hi hopeful. Foreign passports are clearly accepted in Texas marriage statutes. The visa provision is a documented request by some county clerks, but not explicitly spelled out in Texas law. An expired visa with foreign passport is enough for TxDPS, but that may not necessarily be the case for the county clerk you visit. Bottom line, contact the county clerk's office to determine if their specific office requires an unexpired visa. If they do, ask if they're willing to waive it or accept a supplemental identity document.
hopeful says: So a foreign passport can be used as a form of Acceptable id to obtain a marriage license in Texas? Staff says:So a foreign passport can be used as a form of Acceptable id
Yes, a foreign passport is acceptable ID. hopeful says: Brazoria county can you use a foreign passport, and do you need a unexpired visa? Editor says:can you use a foreign passport
and do you need a unexpired visa?
The Brazoria county clerk's website doesn't list a visa requirement. You'll have to phone them to find out for sure.
hopeful says: Can you Marry in Texas with a Mexican ID? Staff says:Can you Marry in Texas with a Mexican ID?
It depends on what form of Mexican ID it is. If it's a passport, that would work great. Foreign passports are on the officially approved list of IDs. Anything beyond that and you'll have to contact the county clerk ahead of time to determine if they'll accept an alternate identity document. Clerks have the authority to unilaterally accept or reject alternative forms of ID.
Jamie says:Once we obtain a marriage license and wait the 72 hours, can we go anywhere in Texas and get married? For instance, can we drive to a small town and find a little chapel and get married on a whim?
Staff says:can we go anywhere in Texas and get married?
Your Texas marriage license may be used anywhere in Texas. Any town. Any chapel. Merchi says:Can I get a license if i want to marry my spouse again for the ceremony if we are already married through an informal marriage?
Staff says:Hi Merchi. Yes, you may apply for a second marriage license to remarry your current spouse. The steps are the same. The fee is the same.
Charley says:Question: I’m a U.S. service member and my fiancé is a citizen of Serbia living with permanent residency in Germany. What documents would we need to get married in Texas? She has her Serbian passport but want to make sure before to fly together to Texas. Lastly, would our marriage certificate be recognized in Germany? Thank you!
Staff says:What documents would we need to get married in Texas?
She would need to bring her passport and visa. You would need your own photo ID, such as your military ID card.
Lastly, would our marriage certificate be recognized in Germany?
Yes, your marriage certificate will be recognized. Kristi says:I am engaged to a man from Canada and want to get married. I want to stay in Texas and he drives a 18 wheeler and comes thru town couple times a week and he wants to stay a Canadian resident and I want to stay a Texas resident. What is extra needs to be done in order for us to be married and would it be seen as a legal marriage for Canada?
Staff says:What is extra needs to be done in order for us to be married
Nothing extra needs to be done. Just make sure your fiance brings his Canadian driver's license or passport. Bring your ID as well.
and would it be seen as a legal marriage for Canada?
Yes, of course. Benny says: Can I get marriage license in Texas with a Mexican driver's license Staff says:Hi Benny. You may have to bring a passport and visa instead. You may want to contact the county clerk's office you plan to apply in to confirm if they'll accommodate alternative forms of ID.
Gus says:Hello, what we need to apply for a marriage license, my fiancé and myself are Texas residents and we are divorced for previous marriages .
Staff says:my fiancé and myself are Texas residents and we are divorced for previous marriages
If either divorce was within the past 30 days, you'll have to wait to apply. Other than that, bring ID.
TJ says: How do I go about getting married at the courthouse? Staff says:Hi TJ. Your county clerk's office should be able to provide you with a referral to a justice of the peace. You'll have to book an appointment for your civil ceremony, which can either take place at the courthouse or at another agreed upon location.
Kati says:If a UK citizen and an American citizen were to be married in Texas but moving overseas. Would the UK citizen only need a passport as identification? Or are there other documents required?
Staff says:Would the UK citizen only need a passport as identification? Or are there other documents required?
Passport and visa is enough. Kati says:If the UK citizen did not want to pursue a green card would they still have to apply for the K-1 Visa? Also, would a visa still be required if the couple planned to move to Europe after marriage and not pursue a green card? Thank you!
Editor says:If the UK citizen did not want to pursue a green card would they still have to apply for the K-1 Visa?
Texas statutes says a foreign passport alone is sufficient, but it also provides county clerks the authority to ask for more. Many require a visa on top of a foreign passport. Foreign passport and visa is the safest combination, which is why it's mentioned in this write-up. However, clerks have the authority to dismiss the requirement upon request. You can get in touch with the county clerk's office you plan to apply in to determine if they mandate the visa requirement and are willing to waive it.
would a visa still be required if the couple planned to move to Europe after marriage and not pursue a green card?
Your residency after marriage doesn't matter when it comes to fulfilling the ID requirement. Sian says:Good morning. Both myself and partner live in the uk and are visiting Texas in October. Are we able to apply for a marriage license online in readiness for our vacation. If not, what is the best way to obtain a license as we are doing a fly drive from Houston around the south for two weeks. Many thanks
Editor says:Are we able to apply for a marriage license online in readiness for our vacation.
If not, what is the best way to obtain a license as we are doing a fly drive from Houston around the south for two weeks.
At a minimum, apply for your marriage license 72 hours before your marriage ceremony. That's the waiting period. Also take into account that county clerk offices are closed on weekends.
