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Informal Marriage License

General Information

An informal marriage, also called a common-law marriage, is more than merely "living together."

The parties to an informal marriage must have agreed to be married, lived together as husband and wife after such an agreement, and represented to others that they are married.

Couples in an informal marriage may wish to make it a matter of record without the formal ceremony. To accomplish this, the couple must sign a Declaration and file it with the county clerk.

Requirements

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

ID Requirements:

  • Certified copy of your birth certificate, 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):

  • 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.

Blood Tests:

  • There are no blood test requirements.

Waiting Period:

  • There is no waiting period for informal marriages.

Expiration Period:

  • Informal marriage licenses have no expiration period

Requirements for Underage Applicants (Age 14 -18): Family Code 2.103

  • Family Code Section 2.401 (c) (1-2) states that "A person under the age of 18 may not be a party to an informal marriage, and may not execute a Declaration of Informal Marriage."

Fees

  • Informal Marriage License - $47.00 - Cash or Credit Card. No personal checks.



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