There are two types of marriage licenses -- Formal marriage license and Informal marriage license (Common-Law). The basic requirements are the same for both types of marriage.
- Both parties must appear in person.
- Both parties must be a least 18 years of age.
- Must have a valid, government-issed picture identification. Names will be reflected of the marriage license exacly as they appear of the IDs. They County Clerk's office cannot change the name or spelling of name on ID. Forms of acceptable, valid identification include:
- Driver's license
- State ID
- Military ID
- Must know Social Security number.
- A blood test is NOT required.
- We issue marriage licenses between 8:00a.m. and 4:30p.m.
A formal marriage license can be obained from any county in Texas and the marriage can be performed anywhere. If the marriage takes place outside of Texas, contact the appropriate state office, cosulate or embassy to learn the marriage requirements for that state of country.
Additional requirements and information:
- There is a 72-hour waiting period after the license is issued before the marriage ceremony can take place. The 72-hour waiting period can be waived by meeting one of three criteria.
- The waiting period does not apply if an applicant is a member of the armed forces. Military ID must be shown to the person who performs the marriage ceremony.
- The waiting period does not apply if the applicant obtains a 72-hour waiver signed by a District Judge. Waiver must be shown and kept by the person performing the ceremony.
- Applicants possess a valid Twogether in Texas Certificate. Certificate must be shown to the person who performs the ceremony.
he marriage must take place within 90 days from the date of issuance--no exceptions.
- If divorced in Texas, there is a 30-day waiting period after the divorce is final before remarriage--unless waived. If the 30-day waiting period is waived, a certified copy must be presented at the time the license is purchased.
- The fee is $82 cash, Visa, Mastercard, American Express or Discover. (Credit card use adds an additional $4.25)
- The fee is $22 for couples who attend the State of Texas approved Marriage Education Class and present a valid Twogether in Texas Certificate. For more information visit the Twogether in Texas website.
MINORS OBTAINING A MARRIAGE LICENSE
If an applicant is 16 years of age or older, but under 18 years of age, parental consent or a court order is required. Parents giving consent must be present with minor(s) when the marriage license is purchased.
- Parents must show government-issued picture identification.
- Minor(s) must show certified copy of birth certificate with current school ID, driver's license or state ID.
- If parents of minor are currently married, one parent is required to be present to sign the parental consent form.
- If parents of minor are divorced, a certified copy of the divorce decree must be presented by the parent that has Managing Conservatorship (custody) of the minor. Joint Managing Conservatorship requires both parents be present unless stated otherwise in the divorce decree.
INFORMAL MARRIAGE (COMMON LAW)
An informal marriage license can be obtained and recorded by a couple who agree to be married, and after the agreement, they lived together in this state as a couple and represented to others that they were married.
Both parties must be present. An absentee affidavit cannot be used for an informal marriage license.
A person under 18 years of age may not obtain an informal marriage license.
A person may not obtain an informal marriage license if presently married to someone else.
The fee is $47cash, Visa, Mastercard, American Express or Discover. (Credit card use adds an additional $4.25.)
RETURN OF MARRIAGE LICENSE
The person who performs a marriage ceremony is responsible for returning the marriage license to our office within 30 days from the date of marriage. The license can be returned in the provided envelope or mailed to:
Midland County Clerk
500 N. Loraine, 4th floor
Midland Texas 79701
A certified copy of a marriage license filed in the Midland County Clerk's office may be obtained for $7.00 per certified copy. If requesting the certified copy of marriage by mail, please include Name of both parties (maiden), marriage date and a return address, along with a money order or cashiers check for $7.00 per certified copy (Effective 2013 Title 25 TAC §181.22 (h) (s)).