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Marriage Laws Texas, TX, Marriage License, Laws, Licenses U.S. Texas Marriage Smith County

Here's what you need to know and what documents to bring with you before you apply for a marriage license in Smith County. We recommend getting this legal aspect of your wedding out of the way about a month before your ceremony date.

It is important that you verify all information with the Smith County County marriage license bureau office or county clerk before making any wedding or travel plans.

Smith County Marriage License Office

Smith County Clerk
100 North Broadway
Tyler, TX 75702
(903) 535-0630
8:00 a.m. - 5:00 p.m. / M - F
Closed for holidays Observed by Smith County Clerk

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Requirements may vary as each county in Texas could have their own requirements.

ID Requirement:

In Texas, you will need one valid form of id such as drivers license, certified copy of your birth certificate, U. S. passport, military ID card, and your Social Security number.

Residency Requirement:

Neither one of you have to be a resident of Texas. Texas is a great locale for a destination wedding!

Pre-marital Education:

In Texas, couples are encouraged to attend a premarital education course that is at least four hours duration. It must be finished during the year preceding applying for a marriage license. Contact the county clerk for a roster of area course providers.

Previous Marriage:

If divorced within thirty days, Texas requires that you show a certified copy of your divorce decree stating the 30 day waiting period is waived.

Waiting Period in Texas:

The 72 hours (3 days) waiting period in Texas can be waived for active duty military personnel.

How Much a Marriage License Cost?

$31 - $71 cash, so don't leave home without it! The fees may vary from Texas county to county.

Other Tests:

Blood tests or medical examinations are not required in Texas.

NOTE: Effective September 2008, the license fee will be waived if a couple takes an 8-hour premarital preparation course that covers important marital skills and issues such as conflict management and communication.

Common Law Marriage or Informal Marriage:

Yes. Texas also refers to common law marriage as an informal marriage.

For a marriage to be declared an informal marriage in Texas, a couple has two options.

Individuals under the age of 18 may not enter into an informal marriage.

Name Change:

Getting a marriage license with your new name on it does not mean your name has automatically changed. If you need to change your last name, you can use an online marriage name change kit.

Renewal of Vows or Secret Marriage Remarriage:

According to the Texas state laws, a county clerk must issue a marriage license to a couple who is already married to each other.

Proxy Marriages:

No. As of Sept 1, 2014, Texas no longer participates in absentee marriages by proxy if the absentee applicant is incarcerated.

Cousin Marriages:

No. S.B. No. 6

Same Sex Marriages:



Persons authorized to perform weddings in Texas include licensed or ordained Christian ministers, priests, Jewish rabbis, officers authorized by religious organizations, justices of the supreme court, judges of the court of criminal appeals, justices of the courts of appeals, judges of the district, county, and probate courts, judges of the county courts at law, judges of the courts of domestic relations, judges of the juvenile courts, retired justices or judges, justices of the peace, retired justices of the peace, and judges or magistrates of a federal court of Texas.


The license is valid in Texas for 30 days.

Copy of Certificate of Marriage:

Bureau of Vital Statistics
Texas Department of Health
P.O. Box 12040
Austin, TX 78711-2040
Phone - (512) 458-7111

It is important that you verify all information with your local marriage license office or county clerk before making any wedding or travel plans.

Please Note: State and county marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice. Check with Smith County Clerk for changes and clarifications in the requirements before you leave home to apply for your marriage license.

To notify us of corrections or additions send an email to

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Order Vital Records Online! certified copies of Birth, Death, Marriage, and Divorce certificates, for events which occurred within the state of Texas.

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