Saying ‘I Do’ in the Lone Star State: A Comprehensive Guide to Getting Married in Texas
Texas, with its vast landscapes, vibrant cities, and rich cultural heritage, offers a captivating backdrop for your wedding day. From charming vineyards in the Hill Country to elegant ballrooms in Dallas and breathtaking beaches along the Gulf Coast, the possibilities are endless. But before you start envisioning your dream Texas wedding, it’s essential to understand the legal requirements and navigate the process smoothly. This comprehensive guide provides a step-by-step roadmap to getting married in Texas, ensuring your journey to matrimony is as memorable and stress-free as possible.
Step 1: Meeting the Basic Eligibility Requirements
Before diving into the paperwork, ensure you and your partner meet the fundamental eligibility criteria to legally marry in Texas. These requirements are fairly straightforward:
* **Age:** You must be at least 18 years old to marry without parental consent or court order in Texas. If you are 16 or 17, you may marry with parental consent. Marriages of those under 16 are generally prohibited but can be permitted by a judge under very specific and extreme circumstances. These instances are rare.
* **Relationship:** You cannot marry a close relative. Texas law prohibits marriage between ancestors and descendants (parents, grandparents, children, grandchildren), siblings (including half-siblings), aunts, uncles, nieces, and nephews.
* **Marital Status:** Both you and your partner must be unmarried at the time of applying for a marriage license. This means you cannot be currently married to someone else or be in the process of finalizing a divorce that is not yet complete.
* **Mental Capacity:** You and your partner must be of sound mind and capable of understanding the marriage contract. This implies both individuals must have the mental capacity to consent to the marriage.
If you meet all of these eligibility requirements, you can proceed to the next step in the process.
Step 2: Obtaining a Marriage License
The marriage license is the official document that authorizes your marriage in Texas. You must obtain a marriage license before your wedding ceremony can legally take place. Here’s a detailed breakdown of the steps involved:
A. Where to Apply
You and your partner must apply for a marriage license in person at any county clerk’s office in Texas. You are not required to apply in the county where you reside or where the wedding will be held. Choose a county clerk’s office that is convenient for both of you.
B. What to Bring
When you go to the county clerk’s office, be prepared to present the following documents and information:
* **Identification:** Both applicants must provide valid photo identification, such as a driver’s license, state-issued ID card, passport, or military ID. Expired identification is generally not accepted. The ID must accurately reflect your current name and address.
* **Social Security Numbers:** You will need to provide your Social Security numbers. While you don’t need to present your Social Security card, you must know your number.
* **Proof of Divorce (If Applicable):** If you or your partner have been divorced, you must provide a certified copy of the divorce decree. Make sure the decree is finalized, meaning the divorce is legally complete. Some county clerks may require certified copies for annulments as well.
* **Application Fee:** There is a fee for obtaining a marriage license in Texas. The fee varies by county but typically ranges from $70 to $90. Acceptable forms of payment also vary by county, so it’s a good idea to call ahead and confirm accepted payment methods (cash, check, money order, credit card).
* **Premarital Education Course Certificate (Optional):** Texas offers a “Twogether in Texas” program that incentivizes couples to complete a premarital education course. If you complete a qualifying course (at least 8 hours long) and present the certificate to the county clerk, you may be eligible for a reduced marriage license fee (usually a $60 discount) and the waiting period may be waived.
C. Completing the Application
Once you’re at the county clerk’s office, you’ll need to fill out a marriage license application. The application typically asks for information such as:
* Full legal names
* Dates of birth
* Places of birth
* Current addresses
* Social Security numbers
* Parents’ names (including mother’s maiden name)
* Number of previous marriages (if any)
* How the last marriage ended (divorce, death, annulment)
Carefully review the application and ensure all information is accurate and complete. Any errors or omissions could delay the process.
D. Waiting Period
Texas law imposes a 72-hour waiting period between the time you obtain your marriage license and the time you can legally get married. This means you cannot have your wedding ceremony until at least 72 hours have passed since you received the license. The waiting period begins at the exact time the license is issued. There are a few exceptions to this waiting period:
* **Waiver by Court Order:** A county judge can waive the 72-hour waiting period under certain circumstances, such as active military duty or a showing of good cause.
* **Premarital Education Course:** As mentioned earlier, completing a “Twogether in Texas” premarital education course and presenting the certificate to the county clerk can waive the waiting period.
E. License Validity
A Texas marriage license is valid for 90 days from the date it is issued. This means you must have your wedding ceremony and return the signed license to the county clerk’s office within 90 days. If you do not get married within this timeframe, the license will expire, and you will need to apply for a new one.
Step 3: The Wedding Ceremony
With your marriage license in hand and the waiting period observed (or waived), you’re ready for the wedding ceremony itself. Texas law outlines specific requirements for a valid marriage ceremony:
A. Officiant
The ceremony must be performed by an authorized officiant. According to Texas law, authorized officiants include:
* Licensed or ordained Christian ministers and priests
* Jewish rabbis
* Officers of religious organizations authorized to perform marriage ceremonies
* Justices of the peace
* Judges of the federal courts of Texas
* Judges of the courts of Texas
* Retired judges of the federal courts of Texas
* Retired judges of the courts of Texas
Ensure that your chosen officiant is legally authorized to perform marriages in Texas.
B. Witnesses
At least two witnesses must be present at the ceremony. The witnesses must be at least 18 years old and must sign the marriage license attesting that they witnessed the marriage. These witnesses provide legal confirmation that the ceremony took place.
C. The Declaration
During the ceremony, you and your partner must declare that you take each other as husband and wife. This declaration can be a simple statement, such as “I do,” or a more elaborate exchange of vows. The specific wording is not dictated by law, but the intent must be clear: you are willingly entering into the marriage contract.
Step 4: Returning the Marriage License
After the wedding ceremony, it’s crucial to ensure the marriage license is properly completed and returned to the county clerk’s office. This step officially records your marriage and makes it a matter of public record.
A. Completing the License
Immediately after the ceremony, the officiant, you, your partner, and the two witnesses must sign the marriage license. The officiant is responsible for filling out the remaining sections of the license, including the date and location of the ceremony. Make sure all signatures are legible and all required information is accurately recorded.
B. Filing Deadline
The completed marriage license must be returned to the county clerk’s office within 30 days of the ceremony. It is the officiant’s responsibility to return the license to the county clerk, but it’s a good idea for you and your partner to confirm that this has been done. Some officiants will handle the return themselves, while others may ask you to take care of it. Regardless, ensure the license is returned within the timeframe.
C. How to Return the License
The completed license can typically be returned to the county clerk’s office in person or by mail. If returning by mail, it’s advisable to send it via certified mail with return receipt requested to ensure it arrives safely and you have proof of delivery. Check with the specific county clerk’s office for their preferred method of return.
D. Obtaining a Certified Copy
Once the county clerk’s office has received and recorded the completed marriage license, you can request a certified copy of the marriage certificate. This certified copy is an official document that serves as proof of your marriage. You will need it for various legal and administrative purposes, such as:
* Changing your name on your driver’s license, Social Security card, and other official documents
* Updating your marital status with government agencies and financial institutions
* Applying for joint loans or mortgages
* Obtaining health insurance coverage for your spouse
To obtain a certified copy, you will typically need to pay a small fee and present valid photo identification. The fee varies by county. You can usually request a certified copy in person, by mail, or online, depending on the county clerk’s office procedures.
Step 5: Changing Your Name (Optional)
After the marriage, you may choose to change your last name to match your spouse’s, hyphenate your last names, or keep your maiden name. This is a personal decision, and there is no legal requirement to change your name. However, if you do decide to change your name, you will need to take several steps to update your official records.
A. Social Security Card
The first step is to notify the Social Security Administration of your name change. You will need to complete an application for a new Social Security card and provide proof of your identity, proof of your name change (usually your certified marriage certificate), and proof of your U.S. citizenship or legal residency. You can download the application form from the Social Security Administration website or visit your local Social Security office.
B. Driver’s License or State ID
Next, you will need to update your driver’s license or state-issued ID card with your new name. You will need to visit your local Department of Motor Vehicles (DMV) office and present your certified marriage certificate, your old driver’s license or ID, and any other required documentation. The DMV may also require you to take a new photo.
C. Other Important Documents
Once you have updated your Social Security card and driver’s license, you will need to update your name on other important documents and accounts, such as:
* Passport
* Bank accounts
* Credit cards
* Insurance policies
* Voter registration
* Employment records
* Medical records
* Deeds and titles
* Utility bills
The process for changing your name on these documents will vary depending on the specific institution or agency. You will generally need to provide a certified copy of your marriage certificate and your updated identification documents.
Common Mistakes to Avoid
Navigating the marriage process in Texas can be relatively straightforward, but couples sometimes make mistakes that can cause delays or complications. Here are some common pitfalls to avoid:
* **Applying Too Early:** Remember that a Texas marriage license is only valid for 90 days. Don’t apply for the license too far in advance of your wedding date, or it may expire before you get married.
* **Forgetting Identification:** Make sure both applicants have valid photo identification when applying for the marriage license. Expired IDs are generally not accepted.
* **Incomplete or Inaccurate Applications:** Carefully review the marriage license application and ensure all information is accurate and complete. Errors or omissions can delay the process.
* **Ignoring the Waiting Period:** Be aware of the 72-hour waiting period and plan your wedding ceremony accordingly. If you want to waive the waiting period, consider completing a premarital education course.
* **Failing to Return the License:** Ensure the completed marriage license is returned to the county clerk’s office within 30 days of the ceremony. This is crucial for officially recording your marriage.
* **Using an Unauthorized Officiant:** Verify that your chosen officiant is legally authorized to perform marriages in Texas. Using an unauthorized officiant can invalidate your marriage.
* **Not Obtaining a Certified Copy:** After the marriage license is recorded, obtain a certified copy of the marriage certificate. You will need this document for various legal and administrative purposes.
Frequently Asked Questions (FAQs)
**Q: Can I get married in Texas if I’m not a resident?**
Yes, you can get married in Texas even if you are not a resident of the state. You simply need to meet the eligibility requirements and follow the steps outlined in this guide.
**Q: Do I need a blood test to get married in Texas?**
No, Texas does not require a blood test to obtain a marriage license.
**Q: Can I get married on the same day I get my marriage license?**
Generally, no. Texas law imposes a 72-hour waiting period between obtaining the marriage license and the wedding ceremony. However, this waiting period can be waived by a court order or by completing a premarital education course.
**Q: What if I lost my marriage license after the ceremony but before it was returned?**
Contact the county clerk’s office where you obtained the license immediately. They can advise you on the necessary steps to take, which may involve completing an affidavit or obtaining a duplicate license.
**Q: How much does a marriage license cost in Texas?**
The cost of a marriage license in Texas varies by county but typically ranges from $70 to $90. Completing a “Twogether in Texas” premarital education course can reduce the fee.
**Q: Can same-sex couples get married in Texas?**
Yes, same-sex couples have the right to marry in Texas. The Supreme Court’s ruling in Obergefell v. Hodges in 2015 legalized same-sex marriage nationwide.
**Q: Can I have a destination wedding in Texas?**
Yes, Texas is a popular destination for weddings. You can get married anywhere in the state, as long as you meet the legal requirements for obtaining a marriage license and having a valid ceremony.
Conclusion
Getting married in Texas involves a series of steps, from meeting eligibility requirements to obtaining a marriage license and having a valid ceremony. By understanding the legal requirements and following the guidance in this comprehensive guide, you can ensure a smooth and memorable journey to matrimony in the Lone Star State. Remember to plan ahead, gather the necessary documents, and seek professional advice if needed. With careful preparation, you can create a wedding day that reflects your unique love story and celebrates your commitment to each other in the beautiful state of Texas.