State Texas Getting Married Inback to States

Who:

Texas recognizes only straight unions.

Current Legislation:

The current legislation in place is a constitutional ban against same-sex marriages.

FAQs:

Do I have to reside in Texas to get married there?

You do not have to be a resident of Texas to get married there.

How can I apply for a marriage license?

Gay and Lesbian Couples: Currently, the state government does not recognize same-sex marriages, so unfortunately licenses are not available to gay and lesbian couples.

Straight Couples: It’s recommended that the couple appears together to the county clerk’s office but Texas can allow another adult applicant to represent an “absent applicant” with proof of consent.

What are the fees?

The cost for a marriage license varies from county to county, from $30-$70. The fee or portion of the fee can be waived if a couple takes an 8-hour premarital course.

Is there a waiting period?

There is a 72-hour waiting period and the license will expire 30 days after it is issued.

What documentation do I need?

Both parties must provide a valid form of ID such as a government-issued photo ID, certified birth certificate or passport. If divorced within 30 days, you must provide a certified copy of your divorce decree.

Is a blood test required?

No.

Who can marry us and are witnesses required?

Ordained religious leaders and current and former judges can officiate the ceremony and they must return the license to the county clerk within 30 days of the ceremony. No witnesses are required.

How can I change my name?

With a marriage license: Obtain several certified copies from the county clerk’s office where your license was filed, as you will need these throughout the name changing process. Fill out an application for a new Social Security card (which can be found here) and go to your local Social Security Administration office (be sure to get there before it opens) with a certified copy of your marriage license, photo proof of identity such as a driver’s license and original proof of citizenship, such as a passport or birth certificate. Be sure to change it with the DMV, your employer, your bank, etc.

Any adult Texas resident can formally change their name without a marriage license, but it must be done in your county of residence. To do so, you must fill out a Name Change Petition and Order Granting Change of Name of an Adult form and have both notarized. You must then go to your local law enforcement office and have your fingerprints scanned, along with a background check. Attach the notarized documents, fingerprints and background check together and file with your local county clerk office and they will schedule a court hearing. Depending on the county in which you reside, you may be required to publish your name change in a local newspaper, which must be done before the hearing and once completed, you will be given a publication affidavit to bring to the hearing as proof.  Attend your hearing with all documents and present your case for the judge to review. Once approved, you’ll be given a Name Change Decree which you’ll use to submit the change to the DMV, employer, the Social Security Administration, etc.

**Disclaimer: Requirements and protocols are subject change. Please regard the above information as a guide only, not professional legal advice. It is important to confirm the information with your specific county and state of residence before the wedding.