Getting Married in Texas: A Planning Guide

Understanding Texas Marriage License Requirements

Before you can get married in Texas, you need to obtain a marriage license from the county clerk's office where you plan to marry. Texas law requires both people getting married to be at least 18 years old, though people aged 16 or 17 may marry with parental consent and a court order. The state does not have a waiting period after you receive your license—you can marry the same day you get it, or anytime within 90 days of receiving it. After 90 days, the license expires and you must apply for a new one.

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Both people must appear in person at the county clerk's office to apply for the license. You cannot send someone else to do this on your behalf, and you cannot complete the process online or by mail. The county clerk will ask you questions to verify that you meet the legal requirements. Texas does not require blood tests or physical examinations for marriage.

You will need to bring identification documents. Valid options include a driver's license, state ID card, passport, military ID, or other government-issued identification showing your date of birth. If you've been married before, you may need to show divorce papers or a death certificate from a previous spouse. If your name has changed due to marriage, divorce, or court order, bring documentation of that change.

The marriage license fee varies by county but typically ranges from $75 to $100. Some counties offer discounts if both people complete a premarital education course—these courses usually last a few hours and cover topics like communication, conflict resolution, and financial planning. Taking a course can reduce the fee by $25 to $50 in many counties.

Practical Takeaway: Contact your county clerk's office at least two months before your planned wedding date. Ask specifically what documents you need to bring, the current fee, and whether premarital course discounts are available. This prevents last-minute scrambling and ensures you have everything required.

Legal Grounds for Marriage and Restrictions

Texas law defines who can and cannot marry. Beyond age requirements, the state prohibits marriage between certain relatives. You cannot marry your parent, grandparent, sibling, aunt, uncle, niece, nephew, or first cousin. However, Texas does allow marriage between first cousins once removed and more distant relatives. These restrictions exist regardless of whether any children might result from the marriage.

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You cannot marry someone who is already married to another person. If you've been divorced, the divorce must be finalized before you can legally marry again. Texas law does not impose a waiting period between divorce and remarriage, but your divorce decree must be final. If you were married before and your spouse died, you can remarry without any waiting period once you have a death certificate.

Texas recognizes common-law marriage under specific conditions. If two people live together as a married couple in Texas, present themselves to others as married, and intend to be married, they may be considered legally married even without a license or ceremony. However, this is uncommon and can create confusion. Getting a formal marriage license is recommended because it provides clear, documented proof of the marriage date and relationship status. A marriage license is needed to change your name, update insurance policies, file joint tax returns, and establish spousal rights regarding property and inheritance.

The state does not recognize or restrict marriage based on sexual orientation. Same-sex couples have the same marriage rights and requirements as opposite-sex couples. You can marry regardless of race, ethnicity, or national origin. Texas recognizes marriages performed in other states and countries, so if you were married elsewhere, that marriage is valid in Texas.

Practical Takeaway: If you have any uncertainty about your ability to marry—whether due to a previous marriage, family relationship, or other factor—contact the county clerk before spending money on wedding planning. They can confirm whether your specific situation allows for legal marriage.

Finding an Officiant and Planning the Ceremony

An officiant is the person who performs your wedding ceremony and signs your marriage license. Texas law allows several types of people to serve as officiants. These include ordained clergy members from any religion, judges, justices of the peace, and certain notary publics. Religious officiants can be from any faith tradition—Christian, Jewish, Muslim, Hindu, Buddhist, or any other religion. You can also have someone obtain a temporary ordination online through organizations like the Universal Life Church, which operates legally in Texas.

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If you choose a justice of the peace, you can find them through your county clerk's office or courthouse. They perform marriages regularly and charge fees that typically range from $50 to $200. Many couples hire judges or justices of the peace for small, informal ceremonies or as backup officiants in case a planned ceremony falls through. Some judges and justices have set schedules for ceremonies, while others allow you to schedule a specific time.

If you want a religious ceremony, contact the house of worship where you plan to marry. Discuss requirements such as premarital counseling or classes, which some religious traditions require. Ask about fees for using the space and whether the religious leader will perform the ceremony. Some clergy require that one or both people be members of the congregation or that they meet with the couple beforehand.

Texas has no legal requirements about what the ceremony must include or how long it should be. You can write your own vows, incorporate cultural traditions, include family members in readings or rituals, or follow a formal religious service. The only legal requirement is that the officiant must complete and sign the marriage license in the presence of two witnesses. The witnesses do not need to be related to you, do not need to be a certain age, and do not need to watch the entire ceremony—they must simply be present when the officiant signs the license.

Practical Takeaway: Confirm your officiant's availability at least three months before your planned wedding date. If using a religious leader or specific venue, ask about their booking schedule, any required classes or meetings, and cancellation policies. Have a backup plan—such as contact information for a justice of the peace—in case your first choice becomes unavailable.

Marriage License Documentation and the Signing Process

The marriage license is a legal document that must be completed correctly to be valid. The county clerk fills in some sections when you apply, and the officiant completes others during the ceremony. The officiant will need the names of both people getting married, the marriage date, and the officiant's license or ordination number. The officiant then signs and dates the license in front of both people getting married and two witnesses.

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Both people getting married should review the license for accuracy before the ceremony. Check that your names, dates of birth, and county of issuance are correct. The officiant should confirm their name and credentials are correctly listed. After the ceremony, the officiant must return the completed license to the county clerk within 30 days for the marriage to be officially recorded. Most officiants mail the license immediately after the ceremony to ensure it is filed on time.

Once the license is filed with the county clerk, the marriage becomes part of public record. You can request certified copies of your marriage certificate from the county clerk's office or from the Texas Vital Statistics office. Certified copies cost between $15 and $30 each, depending on the county. You will need certified copies to change your name legally, update identification documents, change insurance beneficiaries, add a spouse to property or bank accounts, and for other legal and financial matters.

If the officiant fails to file the license with the county clerk within the 30-day window, the marriage may not be officially recorded. If you suspect this has happened, contact your county clerk immediately. The county clerk can research whether your license was filed and, if not, work with the officiant to file it late. Delays in filing can complicate matters later, so it is important to follow up within a month of your wedding.

Practical Takeaway: Keep a copy of your unsigned marriage license before the ceremony. After the ceremony, ask the officiant when they will file the license and get a confirmation method (such as an email or phone number) so you can verify it was completed. About 35 days after your wedding, contact the county clerk to confirm your marriage was recorded.

Changing Your Name After Marriage

Texas allows married people to change their name through the marriage process. You do not need a separate court order to change your name when you marry. However, you must request the name change when you apply for your marriage license. At the county clerk's office, tell them what name you want to use after the marriage. This can be your spouse's last name, your own last name, a hyphenated combination, or

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