How to Get Married in Texas (2026)
Reviewed by DocDraft Legal Team · Texas · Last updated 2026-05-18
A Texas marriage is governed by Texas statute, not a generic national process. The post-license waiting period is set by statute: 72 hours from license issuance, waivable for (1) active-duty US armed forces, (2) DOD employee/contractor, (3) written court waiver, or (4) completion of premarital education course not more than one year before application. License validity in Texas: 90 days from issuance (Tex. Fam. Code § 2.201). On common-law marriage, Yes; Texas recognizes informal (common-law) marriage under Tex. Fam. Code § 2.401 with elements: (1) agreement to be married, (2) cohabitation in Texas after the agreement, and (3) representation to others as spouses. May be proved by a declaration filed with the county clerk per § 2.402. Below are the Texas license requirements, supporting documents, and the officiant rules that control whether the ceremony is legally complete.
Key Considerations
Timing matters in Texas on two fronts. After the license is issued, the waiting-period rule may delay a lawful ceremony: 72 hours from license issuance, waivable for (1) active-duty US armed forces, (2) DOD employee/contractor, (3) written court waiver, or (4) completion of premarital education course not more than one year before application. Once the license is in hand, it does not last indefinitely: 90 days from issuance (Tex. Fam. Code § 2.201). Couples plan the ceremony date inside that bracket.
Marriage formation in Texas turns on two rules beyond the license. The state's common-law-marriage status is the first: Yes; Texas recognizes informal (common-law) marriage under Tex. Fam. Code § 2.401 with elements: (1) agreement to be married, (2) cohabitation in Texas after the agreement, and (3) representation to others as spouses. May be proved by a declaration filed with the county clerk per § 2.402. The authorized-officiant list is the second: Licensed or ordained Christian minister or priest; Jewish rabbi; person who is an officer of a religious organization authorized by the organization to conduct a marriage ceremony; current, former, or retired federal judge or state judge (Tex. Fam. Code § 2.202). Both are statutory; private agreement does not override either one.
Texas marriage-license applicants face two upfront filters: how much the license costs and whether both applicants meet the age requirement. Fee side: Statutory fee set by Tex. Fam. Code § 2.014; specific dollar amount varies by county clerk and is reduced by $60 for couples who complete a premarital education course under § 2.013. Per-county schedule out of scope. Age side: No marriage permitted if either applicant is under 18 unless the underage applicant has had the disabilities of minority removed for general purposes by a Texas court (Tex. Fam. Code § 2.101 / § 2.103). The state marriage code, not local custom, controls each one.
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Relevant Documents
The Texas document set runs roughly as follows: the marriage-license application (filed with the county or town clerk), identification for each applicant, and the premarital-course completion certificate where one is being used to claim a discount or waiver. Yes; completion of an 8-hour state-approved premarital education course under § 2.013 within 1 year of application waives the 72-hour waiting period AND reduces the license fee by $60. Payment of the marriage-license fee is handled at the counter when the Texas application is filed.
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Texas Family Code § 2.001 - Marriage License
In Texas, couples must obtain a marriage license from a county clerk before getting married. The license is valid for 90 days after issuance, and there is a 72-hour waiting period between obtaining the license and conducting the ceremony (with some exceptions for military personnel, judicial waivers, and certain premarital education courses).
Texas Family Code § 2.004 - Application for Marriage License
When applying for a marriage license in Texas, both parties must provide proof of identity and age (must be at least 18, or have parental consent or court order if 16-17). The application requires information including full names, addresses, Social Security numbers (if any), and dates and places of birth.
Texas Family Code § 2.205 - Marriage Ceremony
In Texas, marriages may be performed by authorized religious leaders, judges, justices of the peace, or certain public officials. The ceremony must include a declaration by the officiant that the couple is married, and both parties must declare their consent to marry each other.
Texas Family Code § 2.401 - Common Law Marriage
Texas recognizes common law (informal) marriages if three conditions are met: 1) the couple agreed to be married, 2) they lived together in Texas as spouses, and 3) they represented themselves to others as married. This is relevant for those who may have lived as married before formalizing their union.
Texas Family Code § 4.001-4.010 - Premarital Agreements
Texas law allows couples to enter into premarital agreements (prenups) that can determine property rights, spousal support, and other financial matters in case of divorce. These agreements must be in writing and signed by both parties to be enforceable.
Texas Family Code § 3.001-3.003 - Marital Property
Texas is a community property state, meaning property acquired during marriage is generally considered to belong equally to both spouses, with some exceptions for gifts, inheritances, and property owned before marriage. Understanding these property laws is important when entering marriage.
Regional Variances
Major Metropolitan Areas
Harris County has a 72-hour waiting period after obtaining a marriage license before you can get married, but offers a premarital education course that can waive this waiting period. The Harris County Clerk's Office has multiple locations throughout the county for obtaining marriage licenses.
Dallas County also enforces the 72-hour waiting period but may have different documentation requirements than other counties. The Dallas County Clerk's Office is centrally located in downtown Dallas, and couples should check their website for current fee information and required documentation.
Bexar County follows the standard Texas marriage license procedures but has specific office hours for the County Clerk that may differ from other counties. Couples should note that the Bexar County Clerk's Office sometimes experiences high volume during popular wedding seasons.
Border Counties
El Paso County, being on the border with Mexico, may have additional considerations for international marriages. If one party is not a U.S. citizen, additional documentation may be required. The county clerk's office can provide guidance on international marriage requirements.
Webb County may have bilingual services available for marriage license applications, which can be helpful for couples where one or both parties primarily speak Spanish. The county follows Texas state law regarding waiting periods and age requirements.
Rural Counties
As the least populous county in Texas, Loving County has limited hours for marriage license applications. Couples should call ahead to ensure the clerk's office will be open and may need to travel to neighboring counties for more accessible services.
Brewster County is the largest county by area in Texas but has limited county clerk office locations. Couples may need to travel significant distances to obtain a marriage license. The county follows the standard Texas marriage laws but may have more limited office hours.
Coastal Counties
Galveston County is a popular destination wedding location. The county clerk's office can provide information about beach wedding permits if applicable. Marriage licenses obtained in any Texas county are valid throughout the state, but specific locations may require additional permits for ceremonies.
Nueces County follows standard Texas marriage license procedures but may have specific requirements for beach weddings on public beaches. Couples planning coastal ceremonies should check with both the county clerk and local authorities about any permits needed for beach ceremonies.
Suggested Compliance Checklist
File the marriage-license application with the Texas issuing clerk (county clerk, town clerk, or probate office.
Before the ceremony days after startingStatutory fee set by Tex. Fam. Code § 2.014; specific dollar amount varies by county clerk and is reduced by $60 for couples who complete a premarital education course under § 2.013. Per-county schedule out of scope. Each applicant should bring valid photo identification and any prior-marriage termination documents the clerk requests.
Have identification and prior-marriage paperwork ready when filing the application
Before the ceremony days after startingStandard documents include a current driver's license or passport for each applicant, plus a certified divorce decree, annulment order, or spouse's death certificate for anyone previously married.
Where the state recognizes a premarital-course incentive, plan the course before applying
Before the ceremony days after startingYes; completion of an 8-hour state-approved premarital education course under § 2.013 within 1 year of application waives the 72-hour waiting period AND reduces the license fee by $60. The clerk applies the fee reduction or waiting-period waiver based on the original course-completion certificate produced at filing.
Verify how long the license is good for and align the ceremony date inside that window
Before applying days after starting90 days from issuance (Tex. Fam. Code § 2.201). A late ceremony is not a curable defect; the parties would have to start the application process over.
Plan the ceremony date around the statutory waiting period
Before the ceremony days after starting72 hours from license issuance, waivable for (1) active-duty US armed forces, (2) DOD employee/contractor, (3) written court waiver, or (4) completion of premarital education course not more than one year before application. A ceremony performed before the waiting period runs is voidable; the couple should confirm the earliest lawful date directly with the clerk.
Complete the ceremony with an officiant who falls inside the Texas authorized-officiant list
At the ceremony days after startingLicensed or ordained Christian minister or priest; Jewish rabbi; person who is an officer of a religious organization authorized by the organization to conduct a marriage ceremony; current, former, or retired federal judge or state judge (Tex. Fam. Code § 2.202). An out-of-state officiant performing the ceremony inside Texas should be confirmed against the Texas list, since reciprocity is not automatic.
Have the officiant return the executed license to the clerk after the ceremony
After the ceremony days after startingThe clerk records the marriage and issues the certified certificate; many states impose a strict return deadline (often 10 to 30 days), so the officiant should not delay.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| File the marriage-license application with the Texas issuing clerk (county clerk, town clerk, or probate office. | Statutory fee set by Tex. Fam. Code § 2.014; specific dollar amount varies by county clerk and is reduced by $60 for couples who complete a premarital education course under § 2.013. Per-county schedule out of scope. Each applicant should bring valid photo identification and any prior-marriage termination documents the clerk requests. | - | Before the ceremony |
| Have identification and prior-marriage paperwork ready when filing the application | Standard documents include a current driver's license or passport for each applicant, plus a certified divorce decree, annulment order, or spouse's death certificate for anyone previously married. | - | Before the ceremony |
| Where the state recognizes a premarital-course incentive, plan the course before applying | Yes; completion of an 8-hour state-approved premarital education course under § 2.013 within 1 year of application waives the 72-hour waiting period AND reduces the license fee by $60. The clerk applies the fee reduction or waiting-period waiver based on the original course-completion certificate produced at filing. | - | Before the ceremony |
| Verify how long the license is good for and align the ceremony date inside that window | 90 days from issuance (Tex. Fam. Code § 2.201). A late ceremony is not a curable defect; the parties would have to start the application process over. | - | Before applying |
| Plan the ceremony date around the statutory waiting period | 72 hours from license issuance, waivable for (1) active-duty US armed forces, (2) DOD employee/contractor, (3) written court waiver, or (4) completion of premarital education course not more than one year before application. A ceremony performed before the waiting period runs is voidable; the couple should confirm the earliest lawful date directly with the clerk. | - | Before the ceremony |
| Complete the ceremony with an officiant who falls inside the Texas authorized-officiant list | Licensed or ordained Christian minister or priest; Jewish rabbi; person who is an officer of a religious organization authorized by the organization to conduct a marriage ceremony; current, former, or retired federal judge or state judge (Tex. Fam. Code § 2.202). An out-of-state officiant performing the ceremony inside Texas should be confirmed against the Texas list, since reciprocity is not automatic. | - | At the ceremony |
| Have the officiant return the executed license to the clerk after the ceremony | The clerk records the marriage and issues the certified certificate; many states impose a strict return deadline (often 10 to 30 days), so the officiant should not delay. | - | After the ceremony |
Frequently Asked Questions
72 hours from license issuance, waivable for (1) active-duty US armed forces, (2) DOD employee/contractor, (3) written court waiver, or (4) completion of premarital education course not more than one year before application. Couples planning a Texas ceremony should calendar the earliest lawful date from license issuance and book the ceremony on or after that day; a ceremony performed before the period runs is not a lawful marriage.
Statutory fee set by Tex. Fam. Code § 2.014; specific dollar amount varies by county clerk and is reduced by $60 for couples who complete a premarital education course under § 2.013. Per-county schedule out of scope. Confirming the exact dollar amount with the specific Texas issuing office before the application appointment avoids surprises at the counter, especially in states where multiple clerks issue licenses at different fee levels.
Yes; Texas recognizes informal (common-law) marriage under Tex. Fam. Code § 2.401 with elements: (1) agreement to be married, (2) cohabitation in Texas after the agreement, and (3) representation to others as spouses. May be proved by a declaration filed with the county clerk per § 2.402. Couples concerned about whether their relationship qualifies as a common-law marriage in Texas should confirm the current rule against the state marriage code; the law has changed materially in many states between 1990 and 2026.
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