MARRIAGE LICENSE LAWS AND REQUIREMENTS IN TEXAS

covid-19 update

With Covid-19 still prevalent, please call your county clerks office for more information. I do know that Harris County takes appointments ONLY and are about 3 months out, so plan accordingly. I also know that Montgomery County will ONLY give marriage licenses to residents of Montgomery County. I have been told that Grimes County, Waller County, Fort Bend County, and Galveston County will see you without an appointment (but I would call to verify).

1. Both parties MUST be at least 18 years of age. A person under 18 years of age may not marry unless the person has been granted by this state or another state a court order removing the disabilities of minority of the person for general purposes.

2. There is a 72 hour waiting period after receiving the license before the wedding may be performed. (This may be waived for military persons and those that take the Twogether course in Texas. I do not do the Twogether counseling but you may go to TwogetherinTexas and find out).

3. Both parties MUST apply in person at the county clerk's office with proof of identification as well as a Social Security Number. The only valid ID's that are accepted are a driver’s license or state issued ID, current passport, a certified copy of your birth certificate, a valid U.S. military ID card, and social security number.

4. The license may be gotten in any county in Texas and used in any county in Texas.

5. You do not have to be a resident of Texas to get the license.

6. The license is valid for 90 days before expiring giving you plenty of time to get married and is only good in Texas.

7. The license must be returned within 30 days by the person performing the ceremony. 

8. Texas does not require a blood test or medical test to get the license.

9. Proxy marriages are no longer legal or allowed in Texas.

10. Texas does allow prisoners to marry a person from the outside. Prisoners may not marry another prisoner or guard. (Please see Prison Weddings for complete information and the process)

11. If recently divorced, there is a 30 day waiting period before you can remarry. (May be waived under extenuating circumstances)

12. Same-sex marriages are allowed in Texas.

13. You may not marry a cousin.

14. Texas does not require pre-marital counseling. You may, however do the Twogether course. Taking this course gives you a $60 discount on wedding license, and waives the 3 day waiting period. (I do not provide this course. You may go to their website for more information).

15. Costs for the license vary from county to county. As do the designs and graphics on the license. Galveston County has a beautiful one.

16. The only persons legally allowed to perform a marriage in Texas are a license or ordained Christian minister or priest, a Jewish rabbi, a person who is an officer of a religious organization and is allowed by that organization to conduct a ceremony, a supreme court justice, judge of the court of criminal appeals, justice of the courts of appeals, judge of the district, county, and probate courts, judge of the county courts at law, judge of the courts of domestic relations, judge of the juvenile courts, retired justice or judge of those courts, justice of the peace, retired justice of the peace, judge of a municipal court, retired judge of a municipal court, associate judge of a statutory probate court, retired associate judge of a statutory probate court, associate judge of a county court at law, retired associate judge of a county court at law, or judge or magistrate of a federal court of this state, a retired judge or magistrate of a federal court or this state.