Recording FAQ

Marriage

Do both applicants need to be present to obtain a formal marriage license?

Yes, both applicants must be present with an original form of ID for each applicant.

What form of ID is required to apply for a marriage license?

Most common forms of ID used are driver’s license, state ID, passport, and or certified copy of birth certificate. Please review the Family Code Marriage Relation Section 2.205 for other options.

Will an expired ID be accepted?

The form of ID cannot be expired more than 2 years.

Does the ceremony take place at your office?

No, the ceremony does not take place in our office. You will leave with the license the same day however, a list of Judges (Add link to list of judges) who perform marriage ceremonies in Travis County may be provided to you. Please contact the judge of choice for their availability and fees for their services.

Is the 72-waiting period mandatory?

There is a required 3-day waiting period between the time a marriage license is obtained and the ceremony. Please review the Texas Family Code Marriage Relation Section 2.204.

The marriage ceremony may not take place during the 72-hour period immediately following the issuance of the marriage license unless an applicant:

    • Is a member of the armed forces of the United States and on active duty Military Waiver
    • Performs work for the United States Department of Defense as an employee or contract worker, Military Waiver
    • Obtains a written waiver from a judge of a court with jurisdiction in family law cases, a justice of the supreme court, a judge of the court of criminal appeals, a county judge, or a judge of a court of appeals, or
    • Completes a premarital education course described by Texas Family Code Section 2.013 and provides the County Clerk with a course completion certificate indicating completion of the course within one year of the date the marriage license application is filed with the Clerk. The Texas Twogether Program allows applicants to waive a portion of the marriage license fee if they complete a premarital education course.
Who can perform my ceremony?

In Texas, the following persons are authorized to conduct marriage ceremonies:

    • A person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony, or
    • A justice of the supreme court, judge of the court of criminal appeals, justice of the courts of appeals, judge of the district, county, and probate courts, judge of the county courts at law, judge of the courts of domestic relations, judge of the juvenile courts, retired justice or judge of those courts, justice of the peace, retired justice of the peace, judge of a municipal court, retired judge of a municipal court, or judge or magistrate of a federal court of this state, or retired judge or magistrate of a federal court of this state.
      A person meeting the above requirements does not need to apply for permission to marry couples and does not need to register with the County Clerk.
      Please review the Texas Family Code Marriage Relation Section 2.202.
Do both applicants need to be present to obtain an informal marriage license?

Yes, both applicants must be present to obtain an informal marriage license. Under no circumstance can an absent affidavit be used to apply for an informal marriage license.

What is the difference between a formal and informal marriage license?

A formal marriage license is signed and written declaration of a marriage performed by an officiant. An informal marriage license also known as a common-law marriage, is when you and another person agree to be married, thereafter live together in Texas as spouses, and represent to others that you are married. The couple would not have to wait the 72-hour waiting period nor have an officiant perform a ceremony with an informal marriage license.

How do I change my last name?

If you want to change your name after you are married, you will want to consider notifying important government agencies of your decision, for instance, the Texas Department of Public Safety and U.S. Social Security Administration Offices.  Please contact their offices directly for process.  In some cases, you will be required to show proof of your marriage.  A copy of your marriage certificate is often accepted as a legal record to document this change.  Certified copies of your marriage license can be purchased from our office.  Many individuals use a certified copy of their license when conducting business matters and keep their original marriage license in a safe place as a keepsake.

Can I register my license from abroad in your county?

Please contact our office to speak to an agent to assist with explaining options at (512-854-9188).

Can I purchase a marriage license with Travis County and have my ceremony in another state?

Please contact our office to speak to an agent to assist with explaining options at (512-854-9188).

Where is your office located and what are your office hours?

Our office to obtain a marriage license is located at 5501 Airport Blvd. Ste 100B Austin, TX 78751 (South Entrance) and hours of operation M-F 8-5, currently by appointment only. Please visit our home page to book an appointment.

Can an underage applicant apply for a marriage license?

Effective September 1, 2017 Texas Family Code 2.003 states, A person under the age of 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.

What are the fees for a formal marriage license and informal marriage license?

The formal marriage license is $81.00 and the informal marriage license is $46.00 (Cash Only).

Can I apply for a marriage license if recently divorced?

If divorced, and the divorce was finalized within the previous 30 days, an applicant must provide a certified copy of the divorce decree which states that the 30-day waiting period has been waived.

(If a previously-divorced applicant wishes to use her maiden name, she will need to provide identification showing that maiden name (such as a certified copy of her birth certificate or a certified copy of her divorce decree that states her name is to be changed).

Domestic Partnership

What is a Domestic Partnership?

A Domestic Partnership Agreement is a document that describes the legal rights and responsibilities between two individuals of any gender in a long-term relationship.  These documents are used for a variety of purposes, for example, some employers use them to grant insurance and other benefits. Since 1993, the Travis County Clerk has accepted the filing of Domestic Partnership Agreements and maintains a Registry of Domestic Partnerships.

Do both parties need to be present to apply for a Domestic Partnership?

Yes, unless you have drafted your own declaration partnership agreement with original signatures and notarized we can accept by one person filing or by mail. Our sample form is what our office issues in-house only.

What is the filing fee for a Domestic Partnership?

The filing fee is regular recording $26.00 for the first page and $4.00 for every additional page.

What do I need to apply for a Domestic Partnership?

Both parties would need an original form of ID, and filing fees.

What do I need to dissolve a domestic partnership filing?

A Dissolution of Domestic Partnership can be filed. This form is an in-house form we issue and file in person. Both parties do not need to be present for this filing. You may always have your own draft prepared, signed and notarized as well.

Do you have to be Travis County residents?

No, you do not need to be Travis County residents.

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