Are Texas Marriage Records Public?
Yes, marriage records are categorized as public records in Texas. Members of the public can inspect and make copies of these vital records. However, access to certain marriage records may be restricted. For example, while anyone can request plain copies of Texas marriage certificates, certified copies (bearing a raised seal) are only available to those named on these records, their immediate family members, and designated attorneys.
Family Court records can include marriage and dissolution of marriage (divorce) records. These records contain the personal information of those involved, and their maintenance is critical should anyone involved wish to make changes. Because of this, both marriage and dissolution of marriage records can be considered more difficult to locate and obtain than other public records and may not be available through government sources or third-party public record websites.
How to Find Texas Marriage Records
Texas marriage records are documents that provide details of a marital union, and serve as proof of marriages that were contracted in the state. These records contain vital information, including the names of the parties involved and the times and locations of marriage ceremonies.
Like other types of vital records (like death records, birth records an divorce certificates), Texas marriage records are produced and maintained by state and local government agencies. At the state level, these records are maintained by the Texas Vital Statistics Office. However, at the county level, they are held by the various Texas county clerks and county health departments located in each judicial district.
Marriage records include marriage license applications, marriage verification letters, and parental consent affidavits. Pursuant to state law, marriage records in Texas may be public or confidential depending on the circumstances of the marriage or the preference of the spouses. Public marriage records are typically accessible to the public while confidential records are restricted from disclosure.
How to Find Out if Someone is Married in Texas
One way to find out if someone is married in Texas is to request a marriage verification letter from the Vital Statistics Section of the Texas Health and Human Services Department. The Texas vital statistics unit accepts in-person, mail, or online orders for marriage verification letters and also maintains Texas public marriage indexes dating back to 1966.
Another option (for someone who knows where a marriage took place) is to contact the county clerk that issued the Texas marriage license.
How to Check Marriage Status Online
Alternative to visiting, calling, mailing, or emailing the clerk's office to ask for a marriage record, an individual may find a Texas public marriage record search engine on a county clerk's website. An example is the marriage record search engine maintained on the Harris County Clerk and Dallas County Clerk websites. To check marriage status online using these online resources, the requesting party will be required to have some or all of the following information:
- The full name of one spouse (or both)
- The birth date of one or both spouses
- The license issuance and/or marriage dates
- The marriage license number
What is Considered a Marriage Record in Texas?
A Texas marriage record is the complete documentation of a marriage contracted in Texas. It contains the essential details found in a marriage certificate. A complete marriage record includes the application for a marriage license, the license itself, and other post-nuptial documents issued to the couple.
Both government websites and organizations may offer divorce and marriage records. Similarly, third-party public record websites can also provide these types of vital records. But because third-party organizations are not operated or sponsored by the government, record availability may vary. Further, marriage and divorce records are considered highly private and are often sealed, meaning the availability of these types of records cannot be guaranteed.
Where to Find Free Texas Marriage Records
Persons looking to find Texas marriage records without paying any fees may do so by visiting the courthouse or the clerk of courts of the county where the marriage license was issued. These courthouses typically have self-help computers with which members of the public can search for court documents pertaining to a legal proceeding or judicial order. However, requestors will need to have the full name and birth date of one or both spouses. Additionally, if the requesting party requires assistance during the search, or if copies of the document are needed, then they will be required to cover the cost of the service.
How to Change Your Name After Marriage in Texas
Residents who plan to change a name after marriage in Texas must first secure their marriage certificate. The marriage certificate is the official document that legalizes the name change. Marriage certificates in Texas are available at any county clerk's office. Requesters must provide a government-issued photo ID and have their social security number on hand. They must also pay an application fee between $65 to $88.
Individuals interested in performing a name change after marriage must have certified copies of their marriage license when submitting applications. These certified copies are also available from the county clerk's office.
Once the newlyweds receive their marriage license, the next step in changing their name after marriage is applying for a new social security card. The Social Security Administration (SSA) is responsible for social security cards and makes any necessary alterations for free. Interested persons must download and complete a social security card application form, making sure to write their birth name and married name. Applicants submit the application form along with a certified copy of their marriage license and a state-issued photo ID.
With the name change effected on their social security card, the person seeking a name change can apply to change the name on their driver's license at their local DMV. They can also inform their employer about the name change, so there are no errors when paying salaries or reporting wages.
What is Considered a Marriage Certificate in Texas?
A Texas marriage certificate is a vital document that serves as proof of a marriage between two parties. This document contains the full names of the parties involved in the marriage. It also shows where and when the recorded marriage took place. It is the most common marriage record in Texas, and it is required for name changes, loan applications, taxes, and immigration purposes. The original copy of this document is issued to a couple by the officiant at the end of their marriage solemnization.
How to Obtain Marriage Certificates in Texas
County clerks provide copies of marriage certificates in Texas. Send a request for this vital record to the clerk’s office in the county where the marriage was contracted. Visit this office or send a mail request including the information required and applicable fees. Texas requires the following information to search for and release copies of a marriage certificate:
- Names of the couple
- Date of marriage
- County/city of marriage
- Name of requester
- Address of requester
- Purpose of requester
- The birth date of the spouse(s) may expedite the service if their full names are not known
- Cash or money order of the appropriate fee
- Stamped and addressed envelope (for mail requests)
In addition, the applicants must present current government-issued IDs, such as a driver’s license, passport, or military ID. Each county offers an extended list of acceptable identification.
What is Considered a Marriage License in Texas?
A Texas marriage license is a legal document that authorizes a marital union between two parties. This document is a requirement in Texas for a prospective couple. Before getting this license, the two individuals intending to get married must fulfill all requirements for marriage in Texas. Such requirements include parental consent for underage applications.
After meeting these requirements, the county clerk of the county where the marriage is billed to occur then issues a marriage license to the intending couple. This license grants permission to an authorized officiant to perform the marriage ceremony. Marriage licenses issued in Texas are only valid for marriage ceremonies held within the state.
How Do I Get a Marriage License in Texas?
In Texas, a marriage license is issued by the county clerk of the county where the marriage is to be conducted. Depending on the county, marriage licenses can be ordered by mail, online, or in person.
To order a marriage license in Texas by mail, the intending couples must submit a completed Application for Marriage License form. Both parties requesting a license must fulfill the state’s requirements including not being related to each other and not currently married.
Contact the local county clerk’s office to inquire about the current fee for a marriage license, specific requirements for obtaining one, and the office’s mailing address. Some Texas counties have these information on their websites.
Texas Formal Marriage Licenses
The typical marriage license issued in Texas is a formal marriage license. It is issued to intending couples who want to be legally wedded in the state after the fulfillment of the necessary legal requirements. This license authorizes the two parties to proceed with a formal marriage ceremony and qualifies them to receive a marriage certificate. After the solemnization, the officiant will sign on the included marriage certificate and issue it to the couple.
Texas Common Law Marriage Licenses
Texas is one of the states that recognize and approve common-law marriages. This type of marriage does not involve a solemnization ceremony, and the couple will not be issued a marriage certificate. However, they will be recognized in society as legally married and can file for divorce through the normal legal process. With no formal marriage ceremony establishing this union, licenses are not required for common-law marriages in Texas.
For a couple to be qualified for an informal or common law marriage, both parties must be at least 18 years. Also, they must have been living together for an extended period as a couple before the application. They should have been recognized in their neighborhood as a couple. To register their common law marriage with the state and enjoy the benefits of married individuals, the couple should visit their county clerk’s office to complete and submit a Declaration and Registration of Informal Marriage form.
Are Prenups Public Record in Texas?
No. Texas Family Code, Chapter 4, also called the Uniform Premarital Agreement Act or UPAA, is the statute governing the creation and enforcement of marital property agreements in Texas. This includes premarital agreements (or "prenups") and postnuptial agreements ("postnups"). These agreements determine how couples divide assets and debts after divorce or death. A premarital agreement can also cover each partner's personal rights and obligations during the marriage, provided the terms do not violate the law or public policy.
While there is no explicit rule that makes a prenup public record in Texas, Section 4.106 of the UPAA permits couples who enter a postnup or marriage partition agreement to record the agreement in the deed records of the county in which a spouse resides and where the relevant real property is located. Under Texas law, any instrument submitted to a county clerk for recording is a matter of public record unless restricted by law or court order.
