Texas Marriage License Requirements

Created by FindLaw's team of legal writers and editors | Last reviewed April 06, 2018

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One of the most important things that a couple must do before getting married is obtaining a marriage license. Just as every state has its own necessary requirements needed for marriage eligibility, each state also has different laws and procedures in place for obtaining a marriage license.

Texas Marriage License Requirements at a Glance

Although the requirements for marriage in Texas aren't very complex, the laws are very detailed and it helps to refer to a condensed version. The chart below provides a short summary of Texas' marriage license requirements including links to the relevant statutes.

Statutes

Age requirements

Age Requirements

Applicants for the marriage license must be at least 18 years old to get married without consent. A person under the age of 18 must present the following to the county clerk:

  • Documents establishing parental consent;
  • Documents showing that a prior marriage has been resolved; or
  • A court order authorizing the marriage of the person.

Residency requirements

There are no residency requirements.

 
  • Appear before the county clerk (if an applicant cannot personally appear, then any adult or the other applicant may appear on behalf of the absent applicant.);
  • Submit proof of identity and age;
  • Provide applicable information in the application; and
  • Take the oath and sign the application before the county clerk.
  • Pay the fees. The fees vary from county to county. If a couple attends the state of Texas approved marriage education course, then they don't have to pay the state portion of the fee; however, they still must pay the county portion of the fees.

Reasons for denial of the license:

  • Failure to provide required information;
  • Failure to present valid forms of ID;
  • Over age16, but under 18, but didn't present parental consent, documents establishing that a prior marriage has been dissolved, or a court order;
  • Violation of the divorce waiting period- attempting to marry within the last 30 days of divorce.
  • Indicates that the applicant has been divorced within the last 30 days, violating the waiting period

Waiting period: You must wait 72 hours after obtaining the license before you can marry.

License expiration

The license expires 30 days from date it's issued. Once the license has expired, it can't be used to get married; you will have to apply for a new license.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Texas Marriage License Requirements: Related Resources

Discuss Marriage License Requirements with a Texas Attorney

Getting the marriage license is a necessary component of the marriage process. Although the laws are not very complicated, you want to make sure that you're compliant. Discuss marriage license requirements with a family law attorney today.

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