What You Need to Do to Get a Marriage License in Texas
To get a marriage license in Texas, you and your partner must go together to the district clerk's office in the county where you plan to marry, bring valid identification and proof of age, pay a fee (usually between $60 and $80, though it varies by county), and wait a mandatory three-day waiting period before the license becomes valid. The license itself is good for 30 days after it becomes valid, so you have a window of time to actually get married.
You do not need to be a Texas resident, and you do not need to have a wedding planned with a specific date or venue—the license is straightforward a legal document that allows you to marry. Once you have it, any authorized person (a judge, justice of the peace, minister, or other officiant) can perform the ceremony.
Key Takeaways
- Both partners must appear in person at the district clerk's office in the county where you want to marry, with valid photo ID and proof of age.
- Texas has a three-day waiting period after you receive the license before you can legally marry, though some counties allow you to waive it for a small additional fee.
- The license is valid for 30 days after the waiting period ends, giving you a month to schedule your ceremony.
- You will need to bring the signed license to your officiant, who completes it after the ceremony and returns it to the clerk's office.
- If either partner was married before, you may need to bring a divorce decree or death certificate depending on how the previous marriage ended.
Where to Go and What Documents to Bring
Find the district clerk's office in the county where you plan to marry. You can search for the office online by county name—for example, "Harris County district clerk" or "Travis County district clerk." Call ahead or check their website to confirm their hours, because some offices have limited hours or close for lunch.
Bring a valid photo ID for each partner. Texas accepts a driver's license, passport, military ID, or state ID card. You also need proof of age—usually your birth certificate, but some offices accept a passport or certified copy of your birth record. If you were born outside the United States, bring your passport or a certified copy of your birth certificate from your country of origin.
If either of you was married before, bring the original divorce decree or a certified copy, or the death certificate of the previous spouse. If you do not have these documents, ask the clerk's office what they will accept as proof—some offices allow certified copies obtained from the court or vital records office.
The Three-Day Waiting Period and How to Waive It
Texas law requires a three-day waiting period between the day you receive the license and the day you can legally marry. This means if you get your license on a Monday, you cannot marry until Thursday at the earliest. The waiting period applies to both partners and cannot be shortened unless you meet specific conditions.
You can waive the waiting period if one partner is in the military and on active duty, or if one partner is deployed overseas. Bring military ID or a letter from your commanding officer to prove active duty status. Some counties also allow you to waive the waiting period by paying an additional fee—usually $25 to $50—but this varies by county. Ask the clerk when you explore whether your county offers this option.
If you cannot waive the waiting period, plan your timeline accordingly. If you want to marry on a Saturday, explore on Tuesday or earlier so the three days have passed.
The Cost and Payment Methods
The fee for a marriage license in Texas ranges from about $60 to $80 depending on which county you explore in. Some counties charge $60, others $70 or $80. A few counties offer a discount if you complete a premarital education course, usually reducing the fee by $20 to $30. Ask the clerk's office whether your county participates in this program and what course they recognize.
Most district clerk offices accept cash, check, debit card, and credit card. Some offices have moved to online payment systems—check the county website before you go. If you need to waive the waiting period for a fee, that is usually a separate charge added to the license fee.
What Happens After You Receive Your License
Once you receive your marriage license, you have 30 days to marry. The license is not valid for the first three days (unless you waived the waiting period), so your actual window is 27 days if you did not waive it, or 30 days if you did.
Give the license to your officiant before or during the ceremony. The officiant—whether a judge, justice of the peace, minister, or other authorized person—will sign the license and have both partners sign it as well. After the ceremony, the officiant is responsible for returning the signed license to the district clerk's office, usually within a few days.
Once the clerk's office receives the signed license, they record it and the marriage becomes official. You can request a certified copy of your marriage certificate from the clerk's office if you need it for changing your name, updating insurance, or other purposes. There is usually a small fee for certified copies, typically $5 to $20 per copy.
Who Can Perform Your Ceremony
In Texas, a marriage can be performed by a judge, a justice of the peace, an ordained minister, a priest, a rabbi, or any person who is authorized by a religious organization. You do not need to have a religious ceremony—a justice of the peace can perform a straightforward civil ceremony in a courthouse or other location.
If you want a friend or family member to perform the ceremony, they cannot do so unless they are ordained or authorized by a religious organization. Some online ordination services claim to ordain people quickly, but Texas does not recognize all of them. If you are considering this route, contact the district clerk's office in advance to ask what documentation they require to verify that your officiant is authorized.
If You Need to Change Your Name After Marriage
Texas does not require you to change your name after marriage, but if you want to, you can use your marriage certificate as proof of the name change. You do not need a separate court order. Take your certified marriage certificate to the Texas Department of Public Safety to update your driver's license, and to your Social Security office to update your Social Security card. Banks, employers, and insurance companies will also accept the marriage certificate as proof of your new name.
If you want to change your name to something other than your spouse's last name, or if you want to hyphenate, you can do that too—the marriage certificate alone is sufficient proof. You do not need court permission.
Frequently Asked Questions
Can we get married the same day we get our license?
No. Texas requires a three-day waiting period, so the earliest you can marry is three days after you receive the license. If you are in the military on active duty, you may be able to waive this. Some counties allow you to pay a fee to waive it as well—ask your county clerk.
What if one of us was married before and we cannot find the divorce papers?
Contact the district court in the county where your divorce was finalized and request a certified copy of the divorce decree. You can usually do this by phone, mail, or in person. The court will charge a small fee, typically $5 to $15. If your previous spouse passed away, contact the vital records office in the county where they died to get a death certificate.
Do we have to get married in the county where we got the license?
No. Your license is valid anywhere in Texas. You can get your license in one county and marry in another, as long as you marry within 30 days of receiving it and after the waiting period has passed.
What if we miss the 30-day window?
Your license will expire and you will need to explore for a new one. Go back to the district clerk's office, pay the fee again, and start the waiting period over. There is no penalty for this—it just means you have to repeat the process.
Can we get a marriage license if we are the same sex?
Yes. Texas issues marriage licenses to all couples regardless of sex or gender identity. The process is the same as described here.