Getting Married FAQ
To get married in Texas, couples need to obtain a marriage license from any County Clerk's office in the state, regardless of their residency. Both applicants must be present to apply, or an exception applies (like military personnel). There's a 72-hour waiting period before the ceremony, which can be waived under certain circumstances. The ceremony must take place within 90 days of the license's issuance.
Request for Waiver of 72-Hour Waiting Period
The cost for a formal marriage license is $81.00. If proof of state approved pre-marital counseling is provided, $60.00 will be deducted from the costs.
Premarital Education Course
Texas now encourages free marriage education classes around the state for premarital couples. The classes are at least 8 hours long and after completing the class, you will get a certificate that you can take to your County Clerk when applying for your marriage license. To find a class visit the Twogether in Texas Website.
Common Law Marriage
Common Law Marriage Information
Texas also recognizes common law marriage, which requires the following:
Both individuals must agree to be married.
They must live together in Texas as husband and wife. They must represent to others that they are married. If you choose common law marriage, you must file a Declaration of Informal Marriage with the county clerk. See County Clerk's Office to complete the process.
Absent Applicant:
In Texas, if one applicant is unable to appear to apply for a marriage license, another adult can apply on their behalf, provided a notarized affidavit of the absent applicant and proof of their identity and age are provided to the county clerk. This allows for a marriage license to be obtained even if one party cannot be physically present.
Please note that subsection (c) of Section 2.006 states that a clerk may not issue a marriage license when both applicants are absent unless the clerk is presented with affidavits stating that the applicants are active duty military members currently stationed in another country in support of combat or another military operation.