Rhiannon Hendricks
If you're planning to get married in Texas, you'll need to obtain a marriage license from your local county clerk's office. After your wedding, the signed and dated license must be returned to the county clerk's office from which it was issued within 30 days. You'll then receive your license back within 1-4 weeks. This is your official marriage certificate. Some counties also offer a keepsake marriage certificate for an additional fee.
| Characteristics | Values |
|---|---|
| Time to get a marriage license | Must be obtained before the wedding |
| Who to get it from | Local county clerk's office |
| Documents required | Valid photo ID (e.g. driver's license, passport) or certified birth certificate, Social Security number |
| Additional requirements | Both parties must appear in person |
| Fee | $60–$85, with a possible discount of up to $60 for completing a state-approved premarital course |
| Time to return the signed license to the county clerk's office | No more than 30 days post-wedding |
| Time to receive the license back | 1-4 weeks |
| Time for marriage to be legally recognized | Up to 72 hours after receiving the license, with exceptions for military members, court waivers, or those with state-approved premarital counseling |
| Time for the marriage license to expire | 90 days |
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What You'll Learn
Marriage license vs certificate
In Texas, a marriage license is a legal document that serves as proof of marriage. It is issued by a Texas county clerk before the wedding takes place. Both parties must appear in person at the county clerk's office, which is typically located within the county's main courthouse. The marriage license must then be signed by all relevant parties, including the officiant, who must be a licensed or ordained minister, priest, or rabbi, or a judge or justice of the peace. The signed license must be returned to the issuing county clerk's office within 30 days after the wedding. Once it is officially recorded, the couple will receive their license back within 1 to 4 weeks.
On the other hand, a marriage certificate is a term commonly used to refer to marriage-related documents, but it can be confusing as the phrase has different meanings in different contexts. Some people use the term "marriage certificate" interchangeably with a marriage license. However, it is important to note that some counties in Texas offer a keepsake "marriage certificate" for an additional fee, which is separate from the marriage license itself. This term is also used when referring to a "declaration of informal marriage," which is a document filed with the county clerk to register a common-law marriage.
To clarify, while the marriage license is the legal document that authorizes the marriage and serves as proof of marriage, the marriage certificate is a commemorative or decorative document that may be offered by the county for an additional fee. It is important to understand the distinction between these two terms, especially when referring to specific legal requirements or procedures related to marriage in Texas.
It is worth noting that the process of obtaining a marriage license in Texas may vary slightly from county to county, and some counties offer an online application process. Additionally, Texas has specific requirements for marriage licenses for couples who are active-duty military members stationed in another country.
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Where to get a marriage license
To obtain a marriage license in Texas, you must visit your local county clerk's office. This office is usually located within the county's main courthouse. Many Texas counties now offer an online application process, but applicants must still appear in person to sign and purchase the marriage license.
Texas residents can obtain a marriage license from any county in the state. The location of your wedding does not matter. However, if you are planning a destination wedding, be sure to research the wedding requirements for that particular state or country.
Both you and your fiancé must appear in person at the county clerk's office. If one applicant is unable to appear in person, an absentee affidavit must be completed. The county clerk may not issue a marriage license if both applicants are absent unless both are active-duty military members. In this case, the applicants must present the clerk with affidavits confirming their military status.
The marriage license fee is typically $16, but some counties offer a discount if the applicants have completed a pre-marital counseling course. The license is valid for 89 days from the date it is issued, and there is a 72-hour waiting period after the license is issued before the marriage ceremony can take place. The waiting period can be waived if one of the applicants is in the military or if the applicants possess a valid Twogether in Texas certificate.
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Who can officiate the wedding
Texas law does not provide many details about the marriage ceremony and how it may be conducted. However, there are specific requirements for who can officiate a wedding. According to Texas law, only certain people may officiate a marriage ceremony. These include:
- A licensed or ordained Christian minister or priest
- A rabbi
- A person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony
- A current, former, or retired federal or state judge, justice of the peace, or magistrate of a federal court in Texas
It is important to note that there is no requirement to have a wedding officiant's license or to register as an officiant in Texas. However, the officiant must meet the qualifications outlined above and be recognized by the couple as the officiant. The officiant is responsible for recording the date of the ceremony, the county where it was performed, and their personal information on the marriage license. The license must be returned to the county clerk's office within 30 days after the ceremony.
Additionally, Texas law allows proxy marriages for active-duty military members stationed in another country. For those wishing to marry someone currently incarcerated with the Texas Department of Criminal Justice (TDCJ), the ceremony must be conducted on TDCJ property.
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Valid IDs needed
To obtain a marriage license in Texas, you must present valid, government-issued photo identification. The names on the marriage license will be reflected exactly as they appear on the IDs. Acceptable forms of ID include:
- Social Security number
- Affidavit of Age and Identity form (if applying via video conference)
- Military ID (if the applicant is a member of the armed forces of the United States and on active duty)
- Birth certificate with current school ID, driver's license, or state ID (if the applicant is a minor)
If you are applying for a marriage license in Texas, you must appear in person at the county clerk's office, typically located within the county's main courthouse. Many Texas counties now offer an online application process, but applicants must still appear in person to sign and purchase the marriage license. If one of the applicants is unable to appear in person, an absentee affidavit must be completed.
It's important to note that the term "marriage certificate" is often used interchangeably with "marriage license." However, the marriage license is the legal document that serves as proof of marriage. Some counties in Texas offer a keepsake "marriage certificate" for an additional fee, but this is separate from the marriage license itself.
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Fees and discounts
In Texas, you must obtain a marriage license from your local county clerk's office before your wedding. The average cost of a marriage license in Texas is between $60 and $85, but fees can vary slightly depending on the county. Check with your specific county clerk's office to find out the exact amount. Some counties offer a discount for couples who have completed a pre-marital counseling/education course, such as the Twogether in Texas program. The discount can be as much as $60 off the marriage license fee. To receive this discount, bring your completion certificate and proof of identification when applying for your license.
After your wedding, the signed marriage license must be returned to the issuing county clerk's office within 30 days. Once it is officially recorded, you will receive your license back within 1 to 4 weeks. This serves as the official recognition of your marriage.
In addition to the marriage license, some counties in Texas offer a keepsake "marriage certificate" for an additional fee. This certificate is separate from the legal document and can be purchased as a memento of your wedding. The cost of this certificate may vary depending on the county and the specific services requested. For example, in Brazos County, the fee for requesting a marriage certificate is $25 for the first page and $4 for each additional page.
It is important to note that the marriage license and certificate are two different documents. The marriage license is the legal document that provides proof of your marriage, while the marriage certificate is a commemorative keepsake. The license must be signed by the officiant of your wedding and returned to the county clerk to make your marriage official.
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Frequently asked questions
After the wedding, the officiant has 30 days to return the signed and dated marriage license to the county clerk's office. After it’s officially recorded, you’ll receive your license back within 1-4 weeks.
A marriage license is the legal document that provides proof of marriage. A marriage certificate, on the other hand, is a document that can be issued by a Texas county clerk for a formal marriage. Some counties in Texas offer a keepsake marriage certificate for an additional fee.
Both parties must appear in person at a county clerk's office with valid photo ID (like a driver's license or passport) or a certified birth certificate. You will also need to provide your Social Security number if you have one. In addition, you will need to pay a fee, which is usually between $60 and $85.
