Residency Requirement:Neither one of you have to be a resident of Texas. Texas is a great locale for a destination wedding!
Renewal of Vows or Secret Marriage Remarriage:It doesn't matter if the couple was previously secretly married or just wants to renew their marriage vows, according to the Texas state laws, a county clerk must issue a marriage license to a couple who is already married to each other if they want to get married again.
Proxy Marriage:Yes. In Texas, any adult person can apply on behalf of an applicant who is unable to appear personally before the county clerk. An affidavit of absence form must be provided. If you are incarcerated and are unable to be present for your wedding ceremony, you can also request a Prison Proxy form. More about Marriage by Proxy
Aside from the benefit of being better prepared for marriage, TwogetherInTexas.com states "Texas couples who complete a qualifying premarital education workshop will have $60.00 of the marriage license fee waived, as well as the 72-hour waiting period."
Previous Marriage:If divorced within thirty days, Texas requires that you show a certified copy of your divorce decree stating the 30 day waiting period is waived.
Waiting Period in Texas:
Fees and Other Tests:$60 cash in most counties, so don't leave home without it! The fees may vary from Texas county to county due to other county record's fees may apply in addition to this fee.
Blood tests or medical examinations are not required in Texas.
Common Law Marriage or Informal Marriage:
For a marriage to be declared an informal marriage in Texas, a couple has two options.
- 1. Sign a declaration of you marriage under oath. The form is available at County Clerk's office. The Declaration and Registration of Informal Marriage asks for full names, woman's maiden surname, addresses, dates of birth, places of birth, social security numbers, and relationship information.
- The Declaration states: "I solemnly swear (or affirm) that we, the undersigned, are married to each other by virtue of the following facts: On or about (Date) we agreed to be married, and after that date we lived together as husband and wife and in this state we represented to others that we were married. Since the date of marriage to the other party I have not been married to any other person. This declaration is true and the information in it which I have given is correct."
2. Live together as husband and wife in Texas
Represent to others that you are married.
Agree with one another that you are married.
Individuals under the age of 18 may not enter into an informal marriage.
Child Support Statement:
Getting Married in Texas if You Are Under 18 Years of Age:
Same Sex Marriages:No.
Officiants:Persons authorized to perform weddings in Texas include licensed or ordained Christian ministers, priests, Jewish rabbis, officers authorized by religious organizations, justices of the supreme court, judges of the court of criminal appeals, justices of the courts of appeals, judges of the district, county, and probate courts, judges of the county courts at law, judges of the courts of domestic relations, judges of the juvenile courts, retired justices or judges, justices of the peace, retired justices of the peace, and judges or magistrates of a federal court of Texas.
Miscellaneous:The license is valid in Texas for 30 days.
Texas Department of Health
P.O. Box 12040
Austin, TX 78711-2040
Phone - (512) 458-7111
PLEASE NOTE: State and county marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice.
It is important that you verify all information with your local marriage license office or county clerk before making any wedding or travel plans.