Understanding Texas Marriage Law

Marriage license laws vary from state to state and even from one county to another. They are also subject to change. It is highly advisable that you take a little time to verify all relevant data with the appropriate County Clerk’s office before you submit your application.

If you are a US citizen and 18 years of age or older, you must meet a few criteria to be eligible under the Texas marriage law. You must first establish your identity and age by submitting a certified copy of your birth certificate and a valid driver's license or other acceptable ID issued by the State of Texas, another state or by the US or a foreign government. You will also have to bring your Social Security card or at least know your Social Security number.

For a woman to use her maiden name on the license, the certified birth certificate copy will do. If you are divorced, you must submit a certified copy of your divorce decree stipulating reversion to your maiden name.

Marriage licenses in Texas are valid for 30 days, and usable only within the state. Waivers for this may be granted on two grounds: either when the applicant has an “active duty military” status, or if a divorce has been finalized within 30 days and the divorce decree waives the normal 30-day waiting period for divorcees.

According to the Texas marriage law, there is no need for an applicant to be a resident of the state. Blood and other medical tests are also not required. Beginning in September 1995, Texas law also requires that a notarized statement regarding child support be submitted with marriage license applications.

What Happens When You Are Under 18 Years Old?

If you are an applicant under 18 years of age, your parents must accompany you when you apply for a marriage license according to the state laws. If under the age of 16, Texas law requires that you secure a court order before you’re allowed to marry.

Marriage law in Texas does not recognize either cousin marriages or same-sex marriages as legal, but does recognize proxy marriages. What the rest of us call "common law marriage," Texas classifies as "informal marriage."

There are two ways couples can enter into a Texas informal marriage. One is to sign a declaration of their marriage under oath after completing and submitting a form that is available at the County Clerk's office. Known as “The Declaration and Registration of Informal Marriage,” it requires full names, the woman's maiden surname, addresses, date of birth, the place 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."

The second way is simply to live together in Texas as husband and wife, show society as much, and agree with each other that you are married. Individuals under the age of 18 however are not permitted to enter into an informal marriage such as this.

Who Can Marry You Texas?

All regular ministers of every Christian denomination and Jewish rabbis who are over 18 years of age may conduct marriage ceremonies. Having done so, they must endorse the marriage license and return it to the Clerk of the County Court within three days after the wedding ceremony for the final marriage certificate to be recorded.