Deborah Chan
Planning a wedding in Texas? Here's what you need to know about the legal requirements for a civil ceremony. First, you'll need to obtain a marriage license from your local county clerk's office, and both parties must be present with valid photo ID and proof of identity. There is a 72-hour waiting period after obtaining the license, and the license is valid for 90 days. Texas law allows some exceptions to the in-person requirement, such as for military couples or with a completed affidavit of an absent applicant. The cost of the license varies by county but typically ranges from $40 to $90. Texas law also dictates who can conduct the ceremony, including licensed or ordained Christian ministers or priests, and there is no official registration or specific location required.
| Characteristics | Values |
|---|---|
| Marriage license | Issued by a Texas county clerk |
| Marriage license cost | $40–$90 |
| Marriage license validity | 90 days |
| Waiting period | 72 hours |
| Who can conduct a marriage ceremony | A licensed or ordained Christian minister or priest |
| Witnesses | Not required |
| Proxy marriage | Allowed if the absent person is a member of the armed forces |
| Marriage certificate | Not a legal term in Texas |
Explore related products
What You'll Learn
Marriage license application
To obtain a marriage license in Texas, both parties must appear in person at the correct Texas County Clerk Office for their county of residence. The cost of a marriage license varies across Texas counties, ranging from $40 to $90. Some counties offer a less expensive "informal license" or a more expensive "keepsake license".
Both parties must bring valid photo identification, such as a driver's license, passport, or certified birth certificate. Additionally, if you have one, you will need to provide your Social Security number. If one of the applicants is unable to apply in person and is 18 years of age or older, any adult or the other applicant may apply on their behalf using a completed affidavit of an absent applicant.
After filing your application in person and paying the required fee, there is a mandatory 72-hour waiting period before the wedding ceremony can take place. A Texas marriage license is valid for 90 days from the date of issue. If you have completed a state-approved premarital course, you may be eligible for a discount of up to $60 on your marriage license fee.
Planning a Wedding: What You Need to Know
You may want to see also
Explore related products
Who can conduct the ceremony
Texas law is fairly broad on who can conduct a wedding ceremony in the state. According to Section 2.202 of the Texas Family Code, a wedding ceremony can be conducted by a licensed or ordained Christian minister or priest.
The person conducting the ceremony does not need to be registered with the State of Texas. If a friend or family member meets the above requirements, they can conduct the wedding ceremony legally. This is true even if they became ordained online for the sole purpose of conducting the wedding.
However, there are some things to consider when choosing a friend or family member over a licensed officiant. While Texas law does not provide many details about the actual marriage ceremony and how it may be conducted, it does focus on the time periods within which certain things must be done.
To obtain a marriage license, both parties must appear in person at a county clerk's office with valid photo ID (such as a driver's license or passport) or a certified birth certificate. A Social Security number will also need to be provided if the person has one. There is a required 3-day waiting period between the time a marriage license is obtained and the ceremony.
Planning a Reception Without a Wedding: A Unique Guide
You may want to see also
Explore related products
![The Knot Ultimate Wedding Planner [Revised Edition]: Worksheets, Checklists, Etiquette, Timelines, and Answers to Frequently Asked Questions](https://m.media-amazon.com/images/I/81lx2xHeJdL._AC_UL320_.jpg)
Witnesses and guests
Texas law does not require any official witnesses for a marriage to be legally valid. However, you will need to consider how many guests you plan to invite to your wedding and choose a venue that can accommodate that number of people. Texas is a huge state with a diverse range of venues, from art museums to rustic barns to grand estates. You can also incorporate local flavours like BBQ, Tex-Mex, or a late-night kolache bar, and surprise your guests with welcome bags filled with Texas treats like pecan pralines or mini hot sauces.
If you are planning to have friends or family members conduct your wedding ceremony, they must meet the requirements to do so. Texas law authorises a licensed or ordained Christian minister or priest to conduct a marriage ceremony. If your friend or family member meets these requirements, they can conduct your wedding ceremony legally, even if they became ordained online for this purpose.
Additionally, if you are planning to have a friend or family member who is currently incarcerated with the Texas Department of Criminal Justice (TDCJ) attend your wedding, you will need to follow certain rules and guidelines. The wedding ceremony will need to be conducted on TDCJ property, and you will need to submit an application to the Access to Courts headquarters at least one week before the scheduled date.
It is important to note that Texas law does not provide many details about the actual marriage ceremony and how it should be conducted. Instead, the law focuses on the time periods within which certain things must be done, such as the 72-hour waiting period between obtaining your marriage license and your wedding ceremony.
Creating a Wedding Budget: Do You Need One?
You may want to see also
Explore related products
Military couples
If you're a military couple looking to have a civil wedding in Texas, there are a few things you need to keep in mind and some special provisions that apply to you. Firstly, let's talk about the marriage license, which is a crucial part of getting married in Texas. Both applicants usually need to be present when applying for a marriage license, but there is an exception for active-duty military couples. If both of you are active-duty military members stationed in another country for combat or a military operation, you can still obtain a marriage license by providing affidavits to the county clerk explaining your situation. Many Texas counties now offer an online application process for marriage licenses, which can be convenient for military couples who may not be able to apply in person.
Once you have your marriage license, you can proceed with the wedding ceremony. Texas law doesn't provide many specifics about how the ceremony should be conducted, but it does outline certain time periods that must be adhered to. For example, the officiant must record the date and location of the ceremony, as well as their personal information, on the marriage license, and this license must be returned to the county clerk within 30 days of the wedding. If one or both members of the couple are unable to be present at the ceremony, there is the option of a proxy marriage. Proxy marriages are now only available to active-duty military members stationed abroad. This means that an appointed person can stand in for the absent applicant during the ceremony.
In terms of who can officiate your wedding, Texas law authorizes licensed or ordained Christian ministers or priests, but there is no official registration for qualified officiants. If someone believes they can perform the marriage ceremony according to Texas law, they are permitted to do so. This flexibility can be beneficial for military couples who may have a preferred officiant that isn't officially registered.
Lastly, it's important to note that Texas law also recognizes common-law marriages, which can be relevant for couples who have been living together but haven't had a formal wedding ceremony. A "declaration of informal marriage" can be filed with the county clerk to register this type of marriage. Overall, Texas provides some unique considerations for military couples planning a civil wedding, and it's always a good idea to consult the Texas State Law Library for the most up-to-date information and guidance.
Planning a Wedding? Here's What You Should Do
You may want to see also
Explore related products
Common-law marriage
Texas law recognizes common-law marriage, also known as marriage without formalities or an informal marriage. It is a valid and legal way for a couple to marry in Texas. A common-law marriage is a legal marriage without a formal ceremony or other formalities.
To enter into a common-law marriage, couples must live together, agree that they are married, and present themselves to others as a married couple. It is important to note that simply living together for a certain period does not constitute a common-law marriage. Couples who choose not to declare their common-law marriage may need to provide documents such as lease agreements, tax returns, and insurance policies to prove their marriage. Additionally, couples can register their common-law marriage by filing a "declaration of informal marriage" with the county clerk.
Proving a common-law marriage may become important when a relationship is ending (divorce) and in determining inheritance rights. Under Texas law, if a common-law marriage is proven, all property acquired during the marriage is considered community property and will be divided equally between the spouses, regardless of who made the purchase or whose name is on the title. Similarly, debts accumulated during a common-law marriage are also divided between the spouses. If a common-law marriage is not proven, each party will keep their personal property and remain individually responsible for their debts.
It is important to note that Texas law places a two-year statute of limitations on proceedings to prove a common-law marriage. If two years pass after a couple separates and neither party takes any action to end the marriage (such as filing for divorce), the state will presume that the marriage never existed, making it more difficult to prove a common-law marriage.
Planning a Wedding: Do You Need a Book?
You may want to see also
Frequently asked questions
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'll also need to provide your Social Security number if you have one.
The cost of a marriage license in Texas varies from county to county. The price can range from $40 to $90. Some counties offer a less expensive "informal license" or a more expensive "keepsake license".
A marriage license is valid for 89-90 days from the date it is issued. There is a 72-hour waiting period between the time a marriage license is obtained and the ceremony.
Texas law states that a wedding ceremony can be conducted by a licensed or ordained Christian minister or priest. If a friend or family member meets these requirements, they can conduct the wedding ceremony legally.
No, there are no official witnesses required to legally get married in Texas.
![ARTESORI Premium Wedding Vow Book for Her & Him, Soft Touch, Gold Foil, 28 Lined Pages, Wedding Vow Books His and Hers, Wedding Essentials, Wedding Registry Ideas, His and Hers Gifts [Ivory & Black]](https://m.media-amazon.com/images/I/71X4pKgPtNL._AC_UL320_.jpg)
