How to Complete and Submit a Texas Marriage License Application

To get a Texas marriage license application started, both of you go together to any county clerk’s office in Texas, show valid ID, complete and sign the application under oath, and pay the fee (around $80 in most counties). The clerk issues the license the same day, and a 72-hour waiting period then runs before the ceremony can take place. Texas has no residency requirement, so out-of-state and international couples can apply at any county clerk’s office they choose.¹²

Who Qualifies to Apply

Both of you must be at least 18. A person under 18 can marry only if a Texas court (or an out-of-state court) has issued an order removing the disabilities of minority for general purposes. Standard parental consent does not meet the requirement.³

Neither of you can currently be married to someone else, and you cannot be closely related. The prohibited relationships cover ancestors and descendants, siblings (whole or half blood, or by adoption), aunts and uncles, nieces and nephews, current or former stepparents and stepchildren, and first cousins.³

If either of you was previously married, the divorce must have been finalized at least 31 days before you apply. A court can waive that restriction for good cause, and the rule does not apply when two former spouses are remarrying each other.⁴⁵ No blood test or medical exam is required.

What to Bring

The clerk has to verify each applicant’s identity and age. The most common documents are a state driver’s license or ID card, a U.S. passport, or a certified birth certificate. A Texas driver’s license or state ID can be expired by up to two years and still count. The statute recognizes nearly 20 other categories of proof, including:³

Military identification (active-duty, reserve, retired, or dependent) with a photo
Permanent Resident Card, Certificate of Naturalization, Certificate of U.S. Citizenship, Temporary Resident Card, or Employment Authorization Card
Foreign passport or consular document issued by a national government
Court orders related to a name change or sex change
Voter registration certificate, handgun license, FAA pilot’s license, or vehicle title

The application asks for each applicant’s full legal name (including any maiden surname), current address, Social Security number, date of birth, and place of birth down to the city, county, and state. If you have a Social Security number you must put it on the form, but you do not need to bring the physical card. Applicants without a Social Security number note on the form that none exists. Many counties let you pre-fill the form online, but you still sign it in person.³

Check every entry against your ID before you sign. A misspelled name or wrong date can delay the license or require a paid amendment later.

At the County Clerk’s Office

Both of you appear in person. The clerk reviews the application and your IDs, administers a sworn oath, has each of you sign, and then executes the certificate and hands you the license.⁶ You will also initial an acknowledgment that you received information about premarital health testing, including materials on HIV and AIDS, and an acknowledgment of the 72-hour waiting period and waiver process.

Fees

Expect to pay roughly $80. Harris County charges $81; Travis and Dallas counties charge $80.⁷⁸ Completing the state’s Twogether in Texas premarital education course cuts $60 off the fee, bringing it down to about $20 in most counties, as long as you present the completion certificate when you apply.⁹ Harris County charges $181 if neither applicant can show proof of Texas residency on a valid ID, so out-of-state couples should ask their chosen county about any nonresident surcharge.

If One of You Cannot Appear

If one applicant cannot show up, the other applicant (or another adult) can apply on their behalf. The absent applicant provides a notarized affidavit containing all the required application information, along with acceptable proof of identity and age. The person standing in does not take the oath for the absent applicant.¹⁰

If both of you are absent, the clerk will issue the license only if each absent applicant provides an affidavit stating they are a member of the armed forces stationed in another country in support of combat or a military operation.¹⁰

The 72-Hour Wait and How to Skip It

Once the clerk issues the license, 72 hours must pass before you can hold the ceremony. Four categories of applicants are exempt:¹¹

Active-duty members of the U.S. armed forces
Department of Defense civilian employees and contractors
Couples who completed the Twogether in Texas course and presented the certificate at application
Applicants who obtain a written waiver from an authorized judge or justice of the peace

For a judicial waiver, ask the clerk for the waiver form when you pick up the license, then take it to one of the officials the statute authorizes to sign it. The list includes family court judges, county judges, justices of the peace, and appellate justices. If the judge finds good cause and signs the waiver, give the original signed form and your license to your officiant before the ceremony.¹¹

The License Expires in 90 Days

Your license is valid for 90 days from the date of issue. If no ceremony takes place within that window, the license expires and you must file a new application and pay the fee again. There is no extension.¹² Work backward from your ceremony date: apply early enough to clear the 72 hours, but not so early that the 90 days runs out.

After the Ceremony: Returning the License

This is the step that is easiest to miss. After the ceremony, your officiant must record the date and county of the ceremony on the license, sign it, and return it to the issuing county clerk within 30 days. Until the clerk receives and records the completed license, there is no official record of your marriage. An officiant who fails to return it faces a misdemeanor charge with a fine between $200 and $500.¹³

Follow up with your officiant a few days after the wedding to confirm they have delivered or mailed the license. Once the clerk records it, you can order certified copies for name changes and other legal updates. Fees vary by county; Tarrant County, for example, charges $21 for the first certified copy and $11 for each additional one.

A Note on Officiants

Texas has no registration process for officiants, so confirming legal authority is the officiant’s responsibility, not yours as the applicant. Authorized officiants include licensed or ordained Christian ministers and priests, Jewish rabbis, officers of any religious organization authorized by that organization to perform marriages, current and retired state judges and justices from the Texas Supreme Court down through justices of the peace, and federal judges and magistrates sitting in Texas.³¹⁴

Informal (Common-Law) Marriage as an Alternative

If a standard license is not the path you want, Texas also recognizes informal marriage. You can file a Declaration of Informal Marriage with the county clerk for a $25 fee. Both of you must be at least 18 and not currently married to someone else.¹⁵ An informal marriage can also arise without any filing when both parties agreed to be married, lived together in Texas as spouses, and held themselves out to others as married, though proving that normally happens in court rather than at a clerk’s counter.

1
Texas State Law Library. Marriage Licenses – Marriage in Texas
2
Office of the Attorney General of Texas. Parenting and Paternity Awareness – Texas Marriage Requirements
3
State of Texas. Texas Code Family Code – The Marriage Relationship
4
State of Texas. Texas Code Family Code 6.801 – Remarriage
5
State of Texas. Texas Code Family Code 6.802 – Waiver of Prohibition Against Remarriage
6
State of Texas. Texas Code Family Code 2.008 – Execution of Application by Clerk
7
Harris County Clerk. Personal Records
8
Travis County Clerk. Marriage License
9
Texas Health and Human Services. Twogether in Texas Marriage Education With Benefits
10
State of Texas. Texas Code Family Code 2.006 – Absent Applicant
11
State of Texas. Texas Code Family Code 2.204 – 72-Hour Waiting Period; Exceptions
12
State of Texas. Texas Code Family Code 2.201 – Expiration of License
13
State of Texas. Texas Code Family Code 2.206 – Return of License; Penalty
14
Texas State Law Library. Conducting the Ceremony – Marriage in Texas
15
State of Texas. Texas Code Family Code 2.401 – Proof of Informal Marriage