Marriage License

Due to COVID-19 our rules have changed:

To apply for a marriage license or a common law marriage license you must first call (903) 843-4015 and set an appointment to come into our office.  To begin your online application, click the NEXT button below.  If you have any questions or need anything further, please let us know.

More information about marriage licenses with Upshur County, may be found here:   https://www.countyofupshur.com/page/marriagelicense

General Information

According to the Family Code Section 2.001, County Clerks issue all marriage licenses in the State of Texas . Presently, you can only obtain a Marriage licenses in Gilmer at the Clerk's office. The physical street address is 100 Tyler Street, 2nd Floor, Gilmer, TX. We request that you arrive at the Courthouse no later than 3:30 p.m. and expect the process to take approximately 30 minutes.

Requirements

The following is the list of requirements for obtaining a marriage license in the state of Texas:

ID Requirements:

• A valid driver's license or other acceptable ID, issued by the state, another state, the United States, or a foreign government.

• Your Social Security card or knowledge of the number.

• If you have been divorced and want to use your maiden name on the marriage license, bring a certified copy of your divorce decree which states your name is to be changed to your maiden name.

Residency Requirements:

• Not required to be resident or citizen.

If Divorced within Last 30 Days (in Texas):

• Section 2.009 of the Family Code sets forth that a license cannot be issued if either applicant has been divored in Texas within the last 30 days; though the license can be issued on the 31st day after the decree was issued.
• However, this restriction does not apply when divorced spouses are remarrying each other, nor when the applicant has received a waiver from a court and a record of the proceedings was made and preserved.
• If your divorce was finalized within the last 30 days, provide a certified copy of the divorce decree which waives the 30-day waiting period.

Application Requirements:

• Both parties must appear to apply, unless accompanied with an approved Absent Applicant Affidavit (see County Clerk for form).

Marriage and Relationship Workshop:

• Twogether in Texas - Engaged, single, dating or married couples can attend this 8-hour fun interactive class. To register or for more information, go online at www.twogetherintexas.com for further assistance. Workshop certificate is valid for one year. Couples will receive a $60.00 savings on the purchase of a marriage license.

Blood Tests:

• There are no blood test requirements.

Waiting Period:

• According to Texas Family Code, Chapter 2 Sec. 2.204 of the Texas Family Code, the marriage ceremony may not take place during a 72-hour period immediately following the issuance of the marriage license unless: (a) an applicant is a member of the Armed Forces of the United States and is on active duty, (b) an applicant obtains a waiver from District Court, or (c) attend the Twogether in Texas workshop.

• In accordance with 2.201 of Texas Family Code, Expiration of License, effective September 1, 2013, the Marriage License will expire the 91st day following the date of issuance.

Requirements for Underage Applicants (Age 16 -18): Family Code 2.103

• Court Order authorizing marriage or

• Custodial Consent

• If parents are married, one parent has to appear to sign for the underage individual and they must have a valid ID.

• If the parents are divorced, the parent with managing conservatorship must have a Certified Copy of the Court Order, and a valid ID. If the conservatorship is "joint" (both parents), then both parents must be present and have a valid ID.

• Documentation of Dissolution of any prior marriage

ID Requirements for Underage Applicants:

• Certified Copy of Birth Certificate.

• Social Security card or knowledge of the number.

• If parents are married, one parent has to appear to sign for the underage individual and they must have a valid ID.

• If the parents are divorced, the parent with managing conservatorship must have a Certified Copy of the Court Order, and a valid ID. If the conservatorship is "joint" (both parents), then both parents must be present and have a valid ID.

Persons Authorized to Conduct Ceremony:

• Licensed or ordained Christian Ministers and Priests, Jewish Rabbis, or persons who are officers of religious organizations; and who are duly authorized by the organization to conduct marriage ceremonies; Justices of the Supreme Court, Judges of the Court of Criminal Appeals, Justices of the Courts of Civil Appeals, Judges of the District, County and Probate Courts, Judges of the County Courts at Law, Courts of Domestic Relations and Juvenile Courts, Justices of the Peace, and Judges of the Federal Courts of this State, retired municipal court Judge and retired Judge or magistrate of a Federal Court of this state.

License Valid for?

• The license is only valid for 90 days within the State of Texas from date of issuance.

FEES:

• Marriage License - without Twogether in Texas certificate - $82.00 CASH. With Twogether in Texas certificate - $22.00 CASH.

• Informal Marriage License - $47.00 CASH