Marriage Licenses

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Requirements To Apply For A Marriage License

Both applicants MUST:

Be present to apply for a marriage license (if this is not possible, please click on the link below for Absent Applicant Affidavit to see if you qualify).
Be 18 or older - Effective September 1, 2017 - "A person under 18 years of age may not marry unless the person has been granted by this state or another state a court order removing the disabilities of minority of the person for general purposes." Please see SB 1705 for more information.
Produce a current Driver's License or State Issued ID
Know your social security number
Know the city, county, and state where you were born
ACCEPTABLE FORMS OF ID TO OBTAIN A MARRIAGE LICENSE - (English) (Spanish)
NOTE: Matricula card is not an acceptable form of I.D. per State of Texas.

Discount - "Twogether in Texas"

If you choose to complete an eight-hour premarital education course approved by the state, the fee for the marriage license is $22.00 and the 72-hour waiting period will be waived. Couples who complete the course should receive 2 certificates that are good for one year. Both certificates must be presented when applying for the marriage license. For more information about this course, click here or call (512) 206-5594.

NOTE: The Smith County Clerk's office WILL follow the statutes regarding the pre-marital education courses. In order to receive your discount, and have the 72 hour waiting period waived, you must ensure all of the guidelines in the statutes are followed by the entity providing the course to you. We will not accept certificates that do not line up with Tx Family Code Sec 2.013.

Payment

If you have not taken the Twogether in Texas course, the fee for a formal Marriage license is $82.00, if you have taken the course the fee is $22.

We accept credit/debit cards, cash, cashier’s checks, personal checks (with proper I.D.), and money orders made payable to Karen Phillips, County Clerk.

Other Requirements

Once the license is issued, there is a waiting period of 72 hours before the ceremony can take place (unless you have taken a premarital education course as shown above), but you must use the license within 90 days of the issuance date or the license will expire. You will then be required to purchase another license before the marriage can take place.

Hours

Hours to apply for a marriage license are from 8:00 a.m. to 5:00 p.m., Monday through Friday. Our office is located at 200 E. Ferguson, Ste 300 in the Smith County Courthouse Annex Building (corner of Spring & Ferguson). Our office is open during the lunch hour.

Apply

You may apply for a Marriage License by appearing in person at our office, or you may select the appropriate Application to complete and bring with you to the County Clerk’s office:

Bring COMPLETED Application to the County Clerk’s Office for processing. You may purchase your Marriage License in any county in Texas and get married anywhere in the State of Texas. Click here to view the new Marriage License.

To request a Certified Copy of your Marriage License, click here . Simply fill out the form, send it in with your cashier's check, money order (made payable to Smith County Clerk), or use our one-time debit/credit card authorization form (See Below). The fee for a copy is $21.00.

Please send a self-addressed, stamped envelope for the return of your license.

To purchase a "Certificate of Marriage" you must have had your Marriage License filed with the Smith County Clerk's office. The Certificate of Marriage is NOT a certified copy of your Marriage License, therefore not a legal document, and cannot be used for legal purposes. The Certificate of Marriage is suitable for framing and costs $25. Certificates are printed on our beautiful license with the Tyler Rose decoration (see above for a peek at our license).

Complete the one-time debit/credit card authorization form and return with your original application and a self-addressed stamped envelope.

HIV/AIDS Information

Texas County Clerks are required to provide marriage license applicants with information about HIV and AIDS. If you would like more information about HIV and AIDS, it may be found at www.dshs.state.tx.us/hivstd/info/hiv/.