There is a required 3-day waiting period between the time a marriage license is obtained and the ceremony (Texas Family Code, Chapter 2, Section 2.204)The marriage ceremony may not take place during the 72-hour period immediately following the issuance of the marriage license unless an applicant:
A marriage license is valid for 89 days from the date it is issued. A marriage license expires if it has not been used before the 90th day after it was issued. If a couple wishes to marry after the expiration date, a new license must be purchased.
Proof of identity - may include an official copy of the applicant's birth certificate, a driver's license or state-issued identification card, or an approved document issued by Texas or another state, the United States, or a foreign government (i.e., passport, visa, military identification, etc.).
Provide Social Security Number of each applicant (if the applicant has one). Applicants do not need to show a Social Security Card.
If divorced, and the divorce was finalized in Texas within the previous 30 days, an applicant must provide a certified copy of the divorce decree which states that the 30-day waiting period has been waived. This does not apply to out-of-state divorcees. If a previously-divorced applicant wishes to use her maiden name, she will need to provide identification showing that maiden name (such as a certified copy of her birth certificate or a certified copy of her divorce decree that states her name is to be changed).
Note: The Texas Twogether Program allows applicants to waive a portion of the marriage license fee if they complete a premarital education course and provide a certificate that the course was completed not more than one year before the date of the marriage license.
Order birth certificates, death certificates, and birth, death, marriage, and divorce verification letters through Texas.gov, the official site for the State of Texas, for fast, affordable service.
If an applicant is unable to appear personally before the county clerk to apply for a marriage license, any adult person or the other applicant may apply on behalf of the absent applicant.
The clerk may not issue a marriage license for which both applicants are absent unless the person applying on behalf of each applicant provides to the clerk an affidavit of the applicant declaring that the applicant is:
A member of the armed forces of the United States stationed in another country in support of combat or another military operation. [Family Code, Sec. 2.006]
Please see the Absent Applicant Instructions and Form below for more information.
The only absent applicants that can list a proxy on their affidavit are those that are a member of the armed forces of the United States stationed in another country in support of combat or another military operation. [Texas Family Code, Sec. 2.007]
If the absent applicant will be unable to attend the ceremony and he/she must appoint one adult, other than the other applicant, to act as proxy for the purpose of participating in the ceremony. There can only be one proxy listed and cannot be changed once the affidavit is notarized. The proxy is not required to appear at the time the marriage license is issued.
Effective September 1, 2013 the Walker County Clerk's Office will only accept Proxy Marriage for Active Members of our United States Military. This was passed with HB869 on April 11, 2013.
Must be at least 18 to get license unless you have a Court Order.
[Texas Family Code Section 2.003 (a) A person under 18 years of age may not marry unless the person has been granted by the state or another state court order removing the disabilities of minority of the person for general purposes. (b) In addition to the other requirements provided by this chapter, a person under 18 years of age applying for a license must provide to the County Clerk: (1) a court order granted by this state under Chapter 31 removing the disabilities of minority of the person for general purposes: or (2) if the person is a nonresident minor, a certified copy of an order removing the disabilities of minority of the person for general purposes filed with this state under section 31.007]
A member of the National Guard on federal active duty, or a member of the armed forces of the United States on active duty, who is preparing to be deployed to serve in a hostile fire zone as designated by the United States secretary of defense is exempt from paying the following state or local governmental fees the member incurs because of the deployment to arrange the member's personal affairs.
Copies of the following: Birth certificate; a recorded marriage license; a divorce decree; a child support order; guardianship documents; and property tax records.
Is a member of the armed forces of the United States and on active duty, Performs work for the United States Department of Defense,
Obtains a written waiver from a judge of a court with jurisdiction in family law cases, a justice of the supreme court, a judge of the court of criminal appeals, a county judge, or a judge of a court of appeals, or
Completes a premarital education course described by Texas Family Code Section 2.013 and provides the County Clerk with a course completion certificate indicating completion of the course within one year of the date the marriage license application is filed with the Clerk.
In Texas, the following persons are authorized to conduct marriage ceremonies:
A person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony, or
A justice of the supreme court, judge of the court of criminal appeals, justice of the courts of appeals, judge of the district, county, and probate courts, judge of the county courts at law, judge of the courts of domestic relations, judge of the juvenile courts, retired justice or judge of those courts, justice of the peace, retired justice of the peace, judge of a municipal court, retired judge of a municipal court, or judge or magistrate of a federal court of this state, or retired judge or magistrate of a federal court of this state.
A person meeting the above requirements does not need to apply for permission to marry couples and does not need to register with the County Clerk.
Following the ceremony, the person authorized to conduct the service must date, sign, and note the county where the ceremony occurred on the certificate. The marriage license must then be returned to the Walker County Clerk's Office within 30 days from the ceremony date. Once the office receives the license, it will be copied and filed and the original will be returned to you.