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County Clerk's Office

Effective September 1, 2017
SB 1705: TX Family Code §2.003

 

**No one under the age of 18 may apply for a marriage license without a court order authorizing the marriage. **


Marriage License Application hours:
Monday-Friday 8:00 a.m.-4:00p.m.

 

Marriage license fees:
Without Premarital Course Certificate- $82.00
With Premarital Course Certificate- $22.00
Informal Marriage (Common Law)- $47.00

** Payment by mail must be cashier check or money order.

Marriage License

In the State of Texas, to apply for a marriage license, per Texas Family Code Section 2.002 each person applying for license must appear before the county clerk; submit proof of identity and age as provided by Section 2.005(b) (typically a current Driver’s license and social security card);  if a Foreign Birth certificate is used, it must be a certified copy and have a certified translation to English attached; provide the information applicable to that person in the application; take the oath printed on the application and sign the application before the county clerk. 

Marriage License Application

For convenience, the application can be filled out prior to coming to the Upshur County Clerk’s office for completion.  Please call (903) 843-4015 to make an appointment AFTER the application is filled out.

72 hour waiting period

Per Texas Family Code 2.204 a marriage ceremony may not take place during the 72-hour period immediately following the issuance of the marriage license. This waiting period does not apply to a member of the armed forces of the United States and on active duty; Department of Defense; obtains a written waiver from a Judge with family law jurisdiction; completes a premarital education course approved by the State as described in Section 2.013

Court Order for Underage Application

For an underage applicant that is less than 18 years of age, you must have a Court Order Granting Permission to Marry in order to apply for a marriage license as per Texas Family Code Section 2.003A. 

Absent Applicant

Texas Family Code Section 2.007(c) Notwithstanding Subsection (a), the clerk may not issue a marriage license for which both applicants are absent unless the person applying on behalf of each absent 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.

Absent Applicant Form

State approved premarital education course

72 hour waiting period is waived and the cost of the license is reduced. For more information, please visit: www.twogetherintexas.com

Copy of Marriage License

Only certified copies of marriage records will be released. This office only has on record the licenses that were purchased in this county and returned for recording, regardless of where the ceremony took place. The fee for a certified copy of a marriage license is $7.00 each. 

Correction to marriage license

Texas Family Code Section 2.209(c) provides for corrections to a recorded marriage license provided that both parties to the marriage execute a notarized affidavit stating the error.  

Correction Affidavit Form

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