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In most circumstances you may apply for a marriage license at any TX county clerk office where you plan to be married. These offices are usually located in the county probate court or circuit court. This document outlines the procedures you must follow to obtain your license.

What is the cost of a marriage license?

The marriage license fee is $71.00 dollars for Harris and Galveston counties. Accepted forms of payment in Galveston county are cash only. Marriage license fees and payment may vary from county to county.

What are the residency requirements for Texas?

None, you do not have to be a previous or current resident of Texas to obtain a marriage license that is valid statewide.

Is there a waiting period from the application date to the date the license is issued?

No, you will receive your license immediately.

Is there a waiting period from the date the license is issued to the date I am allowed to marry?

Yes, there is a mandatory 3 day waiting period. The waiting period can be waived due to active military status.

What is the minimum age a man or woman may marry?

You must be 18 years old or older to marry without parental consent. A birth certificate may be necessary to show proof of age.

What if one or both of us is younger than 18?

If either partner is under 18, parents or legal guardians must be present. If a parent can not be present, due to death, separation, divorce or other circumstances, proper evidence must be presented for verification. You will need a certified copy of your birth certificate. If you are under 16 you can not marry without a court order.

Are blood tests and physical exams required?

No blood test or physical exam is required.

How long does a marriage license remain valid once it's been issued?

Your license will expire 30 days from the date it is issued.

What if one or both partners have been divorced or have had a spouse die?

If previously married, the date of divorce or date of spouse's death must be provided. If the divorce or spouse's death had taken place within the last 30 days, bring a certified copy of the divorce decree or death certificate.

Are proxy marriages legal?

Yes, marriage by proxy is allowed.

Are cousin marriages legal?

Yes, cousin marriages are allowed.

Are common law marriages legal?

Yes, common-law marriages are legal.

What makes a common law marriage?

Three elements must be present to form a common law marriage in Texas.

First, you must have "agreed to be married."

Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return.

Third, you must have lived together in this state as husband and wife.

Are same sex marriages legal?

No, same-sex marriages are not allowed.


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