Thinking about tying the knot in Texas? Great choice! Before you walk down the aisle, you’ll need to get a marriage license, and understanding how it works can make the process a lot easier. Whether you’re a local or just visiting the Lone Star State for your special day, knowing the basics about Texas marriage licenses—like where to apply, what you’ll need, and how long they’re good for—can help you breeze through the paperwork and focus on what really matters: celebrating your love. Let’s dive into everything you need to know to get started!
What exactly is a marriage license?
A marriage license is a legal document that gives you the official go-ahead to get married. In Texas, it confirms that you and your partner have met all the legal requirements for marriage. Without it, your marriage will not be legally recognized. In Texas, you have 90 days from when you get your marriage license to tie the knot. If you don’t get married within those 90 days, the license will expire, and you’ll need to get a new one. So, make sure to schedule your wedding within that time frame to keep things on track.
For example, if you’re planning a September 1st wedding, you’ll need to obtain your marriage license sometime after June 3rd, ensuring it’s within the 90-day window before your big day.
What types of marriage licenses does Texas have?
In Texas, there are two main types of marriage licenses: Formal Marriage Licenses and Declaration and Registration of an Informal Marriage (Common Law). The basic requirements are the same for both.
Formal Marriage License: This is the standard one that most couples get. Just head to the correct county clerk’s office with your ID, pay the fee, and fill out the application. If you take a premarital education course, like Twogether in Texas, you might score a discount on your license fee. Just bring proof of completion when you apply.
Common Law Marriage: Texas is one of the handful of states where common law marriage is still recognized. If you’re living together and meet the requirements for a common-law marriage, you don’t need a special license. Instead, you can file a Declaration of Informal Marriage to officially record it. Both parties must be present to apply. This form serves as proof that you both agree you’ve been married since a specified date, cohabitate, and present yourselves as a married couple in your community. It also confirms that you’re not related to each other and are not currently married to anyone else. Once you file this form with the clerk, your marriage is officially recognized in Texas.
For most couples, the formal marriage license is all they need. Just remember to check with your local county clerk for specific details and requirements!
What are the requirements for getting a marriage license in Texas?
To be eligible for a marriage license in Texas, both parties must provide proof of age and identity. A valid form of ID includes a driver’s license, original or certified copy of your birth certificate, passport, or state ID. Both fiancés must be at least 18 years old. If you’re under 18, you’ll need to meet additional requirements, including a certified copy of a “Removal of Disabilities of Minority” court order.
Both parties need to apply in person at the county clerk’s office in Texas. If one person cannot be present (and is also at least 18 years old), the other applicant, or any adult, can apply for a formal marriage license on the absentee applicant’s behalf.
Finally, if either party was previously married, you may need to provide the date of the divorce or the date of the former spouse’s death. The clerk can’t issue a license if you were divorced within the last 30 days unless you’re remarrying your ex-spouse (Texas really takes that whole “love is better the second time around” adage to heart). This can also be waived by court order.
What is the application process like for a marriage license in Texas?
Getting a marriage license in Texas is a pretty straightforward process. Let’s walk through the steps together:
- Step 1: Find Your County Clerk’s Office. Make sure you both bring a valid form of ID.
- Step 2: Fill Out the Application. Complete the marriage license application form. This will include providing personal information like full names, dates of birth, and places of birth. Some counties might allow you to fill out part of the form online, but you’ll need to finish it in person.
- Step 3: Pay the Fee. The cost of a marriage license typically ranges from $60 to $85, depending on the county in Texas you are in. For example, in Harris County, Texas, the marriage license fee is $81. Check with the county clerk’s office for the exact fee and payment methods accepted.
- Step 4: Sign the Application. Both parties must sign the application in person. This is usually done at the county clerk’s office. Some counties might offer online applications, so make sure to check!
- Step 6: Receive Your License. Once you’ve completed the application and paid the fee, you’ll receive your marriage license (finally!)
Can I get my marriage license and get married on the same day in Texas?
It depends. Texas has a 72-hour waiting period after a marriage license is issued before a wedding ceremony can take place. (Tex. Fam. Code § 2.204). However, the rules do not apply:
- If you have a written waiver from a judge,
- If one of the applicants is an active-duty member of the U.S. military (you’ll have to present your military identification to your officiant),
- If you provide a certificate from the Twogether in Texas premarital education course or
- If you are remarrying each other.
So, technically, you can get married on the same day you get your marriage license if you fall under one or more of the above categories.
What is the average cost of a Texas marriage license?
The average cost of a marriage license in Texas typically ranges from $60 to $85. However, fees can vary slightly depending on the county. Remember to check with the specific county clerk’s office where you plan to apply to get the exact amount. For example, in Harris County, Texas, the fee for a formal marriage license is $81, while in Smith County, it’s $82. In Waller County, Texas, the fee for a marriage license was listed as $71. As you can see, it varies a lot, so checking with your county matters.
What happens if you don’t turn in your marriage license in Texas?
If you don’t turn in your marriage license in Texas after the big day, your marriage won’t be officially on the record. The county clerk needs that signed license to make everything official! Without it, you won’t be able to get your marriage certificate, which is your go-to proof for things like changing your name, adding your spouse to your insurance benefits, and filing taxes jointly. So, to ensure that your love story is officially recognized, make sure your officiant signs and returns that license to the county clerk’s office after the ceremony!
The bottom line on Texas marriage licenses
That’s everything about Texas marriage licenses in a nutshell! See, it’s not as complicated as it might seem. From understanding the basic requirements to knowing the ins and outs of fees and validity periods, you’re now equipped with the information you need to make this process as stress-free as possible. Securing your marriage license is a crucial step toward a memorable (and legal) wedding celebration. So, take this knowledge with you, enjoy the process, and here’s to a joyful start to your new chapter together!
Frequently Asked Questions (FAQs) about Texas Marriage Licenses
We know you may still have a few burning questions. Check out the responses to some of the most commonly asked questions about Texas marriage licenses:
Q: What is the difference between a marriage license and a marriage certificate?
A: A marriage license is a legal document that authorizes you to get married. After the wedding, the signed license is returned to the county clerk’s office and becomes part of the official record. A marriage certificate is the official document that proves you are married, and it is issued once the license has been recorded.
Q: What happens if we don’t use the marriage license within 90 days?
A: If you don’t use the license within the 90-day period, it expires, and you’ll need to apply for a new one.
Q: How do we obtain a copy of our marriage certificate after the wedding?
A: After your wedding, the officiant will return the signed marriage license to the county clerk’s office. You can then request a certified copy of your marriage certificate from the county clerk’s office.
Q: Do we need to be married in the same county where we obtain the license?
A: No, you can get married in any county in Texas, even if you obtained your license from a different county. Just make sure to return the signed license to the county where it was issued.
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