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 valid Driver's License
- Know your social security number
- Know the city, county, and state where you were born
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 will receive a certificate that is good for one year. The original certificate must be presented when applying for the marriage license. For more information about this course, click here or call 512-206-5594.
If you have not taken the premarital education course, the fee for a formal Marriage license is $82.00; an informal Marriage License is $47.00
After the license is issued, there is a waiting period of 72 hours before the ceremony can take place, but you must be married within 90 days of the date the license was issued or the license will expire.
Hours to apply for a marriage license are from 8:00 a.m. to 4:30 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). The office is open during the lunch hour.
Select the appropriate "Application" to complete and bring with you to the County Clerk’s office:
- Application for Formal Marriage License
- Application for Informal Marriage License (Common law)
- Application for Correction of a Marriage License
- Absent Applicant Affidavit
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 . Please fill out the form, and send it in with your cashier's check or money order (made payable to Smith County Clerk) for $21.00. Please send a self-addressed, stamped envelope to return your license.
To purchase a "Certificate of Marriage" on our Beautiful 4-color Marriage License Paper 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 and is NOT a legal document. The Certificate of Marriage is suitable for framing and costs $25.00. Click here to view a Certificate of Marriage.
To Pay by Debit/Credit Card
Complete the one-time debit/credit card authorization form and return with your original application and a self-addressed stamped envelope.
If you need further assistance, please contact the Vital Statistics Department at 903-590-4697 or 903-590-4698.