To get married at the courthouse in Texas, both of you apply in person for a marriage license at any county clerk’s office, wait 72 hours after the license is issued, and then have a judge or other authorized officiant perform a short ceremony. The license runs roughly $76 to $82, the ceremony fee is separate (usually $100 to $150), and the whole process can be done in under a week. You can apply in one county and marry in another.
Step 1: Confirm You’re Both Eligible
Both applicants must be at least 18. A 17-year-old can marry only if a court has already granted a separate order removing the disabilities of minority for general purposes, not just for the wedding. No one under 17 can marry in Texas under any circumstances.1State of Texas. Texas Family Code 2.003 – Application for License by Minor
Same-sex couples are entitled to a license at every Texas county clerk’s office. Texas statutes still contain older language limiting marriage to a man and a woman, but that provision has been unenforceable since the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges.2Texas State Law Library. Same-Sex Marriage in Texas
You cannot marry a close relative. The application requires each person to confirm they are not related to the other as a parent, grandparent, sibling, aunt, uncle, niece, nephew, or first cousin, whether by blood or adoption. Current and former stepparents and stepchildren are also prohibited from marrying each other.3State of Texas. Texas Family Code 2.004 – Application Form
If either of you was recently divorced, you have to wait until the 31st day after the judge signed the decree before marrying a new partner.4State of Texas. Texas Family Code 6.801 – Remarriage Former spouses remarrying each other are the one exception and can do so immediately. Bring your final decree to the clerk if the 30 days have passed recently, because the application asks you to confirm the timing.
Step 2: Apply for the Marriage License
Go to any Texas county clerk’s office. It doesn’t have to be the county where either of you lives or where you plan to hold the ceremony.5State of Texas. Texas Family Code 2.001 – Marriage License Both of you must appear in person to sign the sworn application, which asks for full legal names, dates of birth, places of birth, and current addresses.3State of Texas. Texas Family Code 2.004 – Application Form Lying on the application is a criminal offense.
Each applicant needs to prove identity and age. A current driver’s license, state ID, or U.S. passport is the usual document, but Texas also accepts foreign passports, permanent resident cards and other federal immigration documents, military IDs, birth certificates, and certified copies of qualifying court orders.6State of Texas. Texas Family Code Chapter 2 – The Marriage License Non-citizens do not need proof of immigration status beyond one of the listed IDs. The application asks for a Social Security number “if any,” meaning you provide one if you have one but the absence of a number won’t block the application. Texas doesn’t require a blood test or medical exam.
If One of You Cannot Appear
Texas allows an absentee application when one person can’t get to the clerk’s office. The absent applicant completes a notarized affidavit, and the person who does appear brings their own photo ID plus acceptable identification for the absent partner. The affidavit expires 90 days after the notary date, and photocopies or faxes are not accepted. Both applicants can be absent only if both are active-duty military stationed overseas.
License Fees and Expiration
Standard license fees run about $76 to $82 depending on the county. Couples who complete the state-approved Twogether in Texas premarital education course get $60 off, dropping the license fee to roughly $16 to $22.7Texas Health and Human Services. Twogether in Texas Marriage Education with Benefits Some counties add a surcharge if neither applicant can show proof of Texas residency. Payment methods vary, so check the clerk’s website before you go.
Once issued, the license is valid for 90 days. Miss that window and you start over with a new application and a new fee.8State of Texas. Texas Family Code 2.201 – Expiration of License
Step 3: Wait 72 Hours (Unless You’re Exempt)
After the clerk hands you the license, you cannot hold the ceremony for 72 hours.9State of Texas. Texas Family Code 2.204 – 72-Hour Waiting Period; Exceptions The clock starts at issuance, not at application. Four groups can skip the waiting period:
- Active-duty members of the U.S. armed forces
- Department of Defense employees and contractors
- Couples who completed the Twogether in Texas course within the past year and present the completion certificate to the clerk
- Anyone who obtains a written good-cause waiver from a judge, justice of the peace, or associate judge
For most civilian couples, the Twogether in Texas course is the practical way out of the waiting period. It runs at least eight hours and is offered by state-approved providers, including many churches, community organizations, and online platforms.10Texas State Law Library. Premarital Education – Marriage in Texas Because it also knocks $60 off the license fee, it often pays for itself.
Step 4: The Ceremony
Texas authorizes four categories of people to perform a marriage: licensed or ordained Christian ministers or priests, Jewish rabbis, officers of a religious organization authorized by that organization to conduct weddings, and current, former, or retired federal or state judges.11State of Texas. Texas Family Code 2.202 – Persons Authorized to Conduct Ceremony For a courthouse wedding, your officiant will be a justice of the peace, a municipal court judge, or another sitting or retired judge who performs ceremonies at that location.
Most courthouses ask you to schedule the ceremony in advance; a few take walk-ins. The officiant charges a separate ceremony fee on top of the license cost, generally $100 to $150, with weekend slots usually costing more.
The ceremony itself is short, typically under 10 minutes. You exchange vows, declare your intent to be married, and the officiant pronounces you married. Texas law does not prescribe specific words or rituals.12Texas State Law Library. Conducting the Ceremony – Marriage in Texas Witnesses are not required, so bring guests or don’t.
Step 5: After the Ceremony
The officiant signs the license, records the date and county of the ceremony, and is required to return the completed license to the issuing county clerk within 30 days.13State of Texas. Texas Family Code 2.206 – Return of License; Penalty An officiant who misses that deadline can be fined $200 to $500, so the duty is on them. It’s still worth a follow-up call to the clerk if a few weeks pass with nothing in the mail.
The clerk records the license and mails the original back to the address on the application, usually within a couple of weeks. That recorded license is your official proof of marriage. Ask the clerk for several certified copies while you’re there, because you’ll need them for name changes, banks, insurance, and Social Security. Getting married does not automatically change your name; each institution has to be updated separately, starting with the Social Security Administration.
If a Ceremony Isn’t What You Want
Texas is one of the few states that still recognizes informal, or common-law, marriage. Both parties (each at least 18, with no exception for minors) can appear together at any county clerk’s office and sign a Declaration of Informal Marriage, which is recorded like a ceremonial license and costs around $45.14State of Texas. Texas Family Code 2.401 – Proof of Informal Marriage That gets you legal recognition without going through a ceremony or the 72-hour wait.