Frequently Asked questions

We spend a lot of time answering the many questions about marriage that get asked  by couples. While the majority of these questions seem to be thpose covered in the list below, rather than prevent you from asking questions, we actively encourage you to still ask them. The reason is that we can't know all that goes to make up your specific situation and that might change some detail of the answer we provide.

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In plain and simple terms - What is the marriage process?

1. A couple that want to be married in the State of Texas must both apply in person for a marriage license at a County Clerks office, complete the application and meet the requirements.
2. Assuming that they both meet the requirements to qualify for the license, once the license is issued a short waiting period must elapse.
3. The marriage ceremony itself then takes place.
4. After the ceremony, we complete the appropriate parts of the license and then it needs to be returned to the County Clerks office that issued it for filling. Obviously, as many certified copies as you need can be made and sent onto you.

and that's it!

It really is that simple for the overwhelming majority of people.

IMPORTANT: September 2008 changes...

As of September 1 2008, the fee for a marriage license has increased to a maximum of $72.

We were told by our County Clerk's office in August 2008, (before the new law came into effect), that If the couple chooses to attend an eight hour long (yes, that's a full day) premarital class, there will be;

• No waiting period on the marriage license (normally three days) and
• The fee will only be $12, as opposed to new, raised rate of $72.

Please Note:  We cannot tell if you need to attend such a course or if the $60 saving is worth the full day that attending such a course will take of your time; Only you know the answer to this.

In any event, we recommend that you contact your County Clerks office to verify exactly what fees will apply and for a list of authorized pre-marital courses, if you so choose to submit to one.

 

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Where do we get a Marriage License?

A couple that want to be married in the State of Texas must both apply in person for a marriage license at a Texas County Clerk's Office. Both the bride and groom in the presence of a county clerk must sign the application for a license. Partly completed applications are not acceptable.

Sometimes it is not possible for both to appear in person (for example, one may be in prison or abroad at that specific moment) and in this event, any adult or the other applicant may apply on behalf of the absent party. Please note that in this case, specific additional requirements apply. To avoid disappointment and delay, be sure to contact your County Clerk for full details well in advance of the date you intend to apply for the license.

In any event, you will both need to know your Social Security Numbers and be prepared to show some kind of proof of age and identity. Certified Birth Certificates, or your Drivers License are the kind of documents that are required. As of the date of writing, the recorded message from the Tarrant County Clerks office also says that you will be required to each produce a "photo I.D."

There is a filing fee that is set at about 40 dollars (it varies - usually goes UP each year) and depending on the individual county, you may be able to pay in cash or by credit card. Contact your County Clerk for the exact amount due and how you can pay this fee.

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How long do I have to wait after the license is issued and the actual wedding ceremony?

You have to wait a minimum of 72 hours (3 days) between the date and time that the license is issued and when your ceremony can occur. There are exceptions to this: If one applicant is on active duty in the armed forces, or a waiver is granted. Contact your County Clerk for more details.

As a marriage license is valid for only 30 days, and with the 72-hour waiting period, there is only a 27-day period in which the marriage ceremony can take place.

This 27-day period needs to be considered in your plans.

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What if we forget to bring our license to the ceremony?

No - don't laugh - it happens more often than you might think.

First of all, DON'T PANIC! The ceremony can still go ahead as planned. We always make a point of seeing the license before the day of the ceremony, as we like to confirm for that all the legal aspects of obtaining the license have been met (as if they have not, you won't have a license), but it's not strictly necessary for the ceremony itself to take place.

If you turn up for your ceremony without the license, and for whatever reason, you can't get someone to go home and get it, then you need to make sure that it gets to us as soon as possible after the ceremony. We can't sign and file it back with the County Clerk otherwise - and the status of your marriage will be in question - that's legal words for: "Without a properly signed license, you 'aint married".

Remember the license is only valid for a limited period of time, so do yourself a favor and avoid this unnecessary stress and remember to bring the license with you.

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Does my marriage have to occur in Texas- what if I want to get married while I'm on vacation in the Caribbean?

The marriage ceremony itself does not have to happen inside the State of Texas.

The ceremony may occur in any other state, any other country, or even out in international waters! BUT... (isn't there always a "but" in these matters?), you should realize that if questions should arise, the validity of the marriage may actually be subject to the other jurisdiction's laws (i.e. where the marriage occurred). The issue ultimately depends (and this is a legal term) "upon which jurisdiction has the most significant interest in the marriage".

We strongly urge you to research the laws of the other jurisdiction (for example, the other jurisdiction may require the purchase of a local license too) and you should also seek independent legal advice well before planning the ceremony if it's going to happen elsewhere.

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What if I am under the age of 18, can I still get married?

Leaving the moral issues of marriage of those under the age of legal majority to one side, and if you are aged 14 to 17 years, you can certainly get married in Texas!

HOWEVER, you can only marry if certain criteria are met:

You have parental consent (see note below) or

You obtain an order from the Texas district court where the parent resides or

You have been previously legally married to each other, and you provide a certified copy of the divorce decree.

NOTE: Parental Consent must be evidenced by a written declaration on a form provided by the County Clerk. Helpfully, a County Clerk may accept the form of another Texas County Clerk or from an official authorized to issue marriage licenses in another state. (Contact your local County Clerk for more details).

We'd personally council against marriage at such an early age. These marriages generally have a high failure rate (i.e. tend to be more evident in divorce proceedings) and while you may feel that in your individual situation, everything will work out just fine, experience shows otherwise.

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Can I get married if my divorce has just been finalized?

When applying for a marriage license, each applicant must indicate that he or she has not been divorced within the last 30 days. There are two exceptions:

Unless the applicants were divorced from each other (in which case, we are really glad that you could make-up), or

The prohibition against remarriage was waived under Section 6.802 of the Family Code.

Contact your local County Clerk for more details.

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Can I marry my cousin?

In Texas, Section 2.004(6) of the Family code states that on the application form for a marriage license, there must be: "Printed boxes for each applicant to check "true" or "false" in response to the following:

"The other applicant is not related to me as:

(A) an ancestor or descendant, by blood or adoption;
(B) a brother or sister, of the whole or half blood or by adoption;
(C) a parent's brother or sister, of the whole or half blood or by adoption; or
(D) a son or daughter of a brother or sister, of the whole or half blood or by adoption."

This rules out marrying your cousin.

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Can 'Same Sex' couples be issued a marriage license?

In Texas, persons of the same sex may not be issued a marriage license. This is covered by the Texas Family Code - Statue 2.006. This means that a legal 'marriage' is not possible for 'same sex' couples.

That said, we have performed 'blessings' for same sex or couples involving trans-gender individuals where we celebrate a stable, long-term relationship and commitment, which in the end is what really matters.

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My girlfriend and I are currently living together. Are we considered married under "Common Law"?

Common-law marriage, also known as "informal marriage" is indeed legal in Texas, but a couple may choose whether or not to register their informal marriage.

If they do choose to register, both the husband and wife must appear before the County Clerk to file a "Declaration of Informal Marriage". The couple must list the date on the declaration from which they have considered themselves married. In other words, a couple can be 'informally married' for some period of time before registering their informal marriage.

There are two ways a couple may prove that they are informally married:

They can file a Declaration of Informal Marriage; or

They meet all of the following conditions:

• The couple agrees that they are married,
• They live together in Texas, and
• They represent themselves or "hold out" to others that they are married to one another.

If the couple should split up and one of the individuals wishes to prove in a legal proceeding that the common-law marriage had actually occurred, she or he must start the determination process before the second anniversary of the date on which the couple separated and ceased living together. Otherwise, it is presumed that the individuals did not agree to being married.

These matters are covered by the Texas Family Code - Statue 2.401.

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Do I need to submit to a blood test?

Currently there are no requirements for a blood test or for a health check (including HIV/AIDS tests) in the State of Texas.

There is however a requirement on the County Clerk to: "...distribute to each party printed materials about acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV)."

This may change over time, as laws are changed. Please check with your local County Clerk.

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IMPORTANT NOTE: While much of the data presented here has been taken from official State of Texas sources, it is for informational purposes only.

If there is any question whatsoever about your specific situation or circumstance, we recommend you contact both the County Clerks office where you live and if needed, obtain independent legal counsel.

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