What are the Requirements for Marriage in the State of Texas?

What is the best way to start the process of entering into a ceremonial marriage in Texas?

In order for marriage to be legally recognized in the state of Texas, the first thing that the couple needs to do is to obtain a marriage license. A license for marriage can be obtained from the county clerk in any county in the state.

What information/documentation is needed by each person entering into the marriage in order to obtain a license?

When applying for a marriage license, both parties must appear in person in front of the county clerk and submit government-issued proof of his or her age and identity. Each person must also submit a completed marriage license application with all the appropriate boxes and blanks filled in correctly.

The application for a Texas marriage license has an oath printed on it. Each person entering into the marriage must take this oath and sign the application in the sight of the county clerk.

What constitutes valid proof of age and identity in the state of Texas for a marriage license?

Valid proof of identity includes a government-issued identification card. Identification must either be current or not more than two years expired in conjunction with the date of submission to the county clerk. Some of the valid forms of government-issued photo identification include:

  • A driver’s license or identification card issued by the state of Texas, another state, or a Canadian province.
  • A US passport
  • A current foreign passport or a document from issued by a foreign consulate or national government.
  • A current Certificate of US Citizenship, a Certificate of Naturalization, a US Citizen identification card, a Permanent Resident card, a Temporary Resident card, an employment authorization card, or any other identification document issued by the US Department of State of the US Department of Homeland Security.
  • A current US military ID card for active duty, reserve, or retired personnel.
  • An original or certified copy of a birth certificate.

Are there any reasons why a county clerk would not issue a marriage license?

There are several reasons that a county clerk in the state of Texas would not issue a marriage license. Some of them include the following:

  • If either of the individuals wishing to enter into the marriage fail to provide the required information or proof of age and identity.
  • If either person is under the age of 16 and has not been issued a court order of approval in accordance with Section 2.103 of the Texas Family Code.
  • If either person is at least 16 years old but under 18 years old and had not provided written parental consent.

If you or someone you know would like legal counsel regarding marriage in Texas, please contact the divorce attorney at Lyttle Law Firm in Austin, Texas by visiting our website or calling our offices at 512-215-5225.

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