Texas law requires a couple to obtain a marriage license in order to have a legally binding wedding ceremony. Some states require a medical examination or blood tests in order to obtain a license. All require proof of identification and a license application fee.
The marriage license fee in El Paso is $72, payable by cash, credit, or debit. No personal checks accepted.
There is no provision to waive the $72 license fee.
El Paso County Marriage License Office
El Paso County Clerk
500 East San Antonio
El Paso, TX 77901
8:00 a.m. - 4:45 p.m. / M - F
Closed for holidays.
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Requirements for the marriage license application in EL Paso County:
Both applicants must be present and appear before the County Clerk (Exceptions refer to Absent Affidavit).
There is no provision to waive the $72.00 license fee.
Submit proof of identity and age.
A certified copy of a birth certificate or State, U.S. or a foreign government Drivers license, military ID, passport.
Forms of identification presented will not be accepted if mutilated or altered. (For example: torn, taped together, or laminated).
Both parties must provide all information as required on the application and as requested by the clerk.
Both parties must take the oath printed on the application and sign the application in the presence of the clerk.
If either applicant has been divorced by a decree of a Court of the State of Texas, the applicant (s) must wait 30 days from the date of the final decree to apply for a marriage license unless waived by the court. (Section 2.009 Texas Family Code).
After the issuance of the marriage license. The marriage ceremony may not take place during a 72- hour period. Unless an applicant is a member of the Armed Forces of the United States and on active duty; if not a member of the Armed Forces of the United State but performs work for the US Dept. of Defense as a employee or a contractor with the Department; may obtain a written waiver from a District Judge. ( Section 2.204 Texas Family Code).
The marriage ceremony must be preformed before the 31st day after the license is issued, otherwise the Marriage License Will Expire. (Section 2.201 of the Texas Family Code).
Application for marriage license by a minor:
A person under 18 (16 & 17) years of age applying for a license must provide to the County Clerk:
Proof of identity as provided by Section 2.005 (b.)
Must be accompanied by a parent or person authorized by a Court order to sign legal consent (Sec.2.103)
Anyone under the age of 16, must petition a Court Order to get married. (Sec.2.103)
Instructions for Completing an Absent Affidavit:
The absent affidavit form is to be completed if an applicant is unable to appear personally before the County Clerk to apply for a marriage license. The other applicant may apply for a marriage license on behalf of the absent applicant.
The County Clerk may not issue a marriage license for which both applicants are absent unless both applicants are:
On active duty as a member of the Armed Forces of the United States or the State.
Military Forces: or
Confined in a correctional facility, as defined by Section 1.07, Penal Code.
The affidavit will be denied if both parties desiring to marry are not in full compliance with the information that follows. The absent party must complete every blank and sign the affidavit. The absent party's signature must be acknowledged by a U.S. Notary.
Print or type all information that is requested on the application. No white-out or obvious alternation will be accepted.
The names of both parties must be printed or typed exactly as they appear on the identification that will be used to obtain the marriage license.
Any adult, with the exception of the other applicant, can be named to act as proxy if the absent applicant is not attending the marriage ceremony. The name that appears on the absent affidavit must be exactly as it appears on the proxy's identification.
Proxy must be present at the time of application.
Notarized Absent Affidavit must be submitted with valid ID and an original certified Birth Certificate (long form only).
Any birth certificates torn or damaged will not be accepted.
This application is not available for an informal license. (Common Law)
Requirements for Declaration and Registration of Informal (Common-Law) Marriages:
Both parties must be present. No exceptions.
Proof of identity and age must be presented. Sec. 2.005 (b)
Both parties must be 18 or older.
Both parties must supply all information and take the oath as required on the form prescribed by the Bureau of Vital Statistics and provided by the County Clerk.
Each party will sign the declaration in the clerks presence.
The clerk may not issue or record the declaration if either party checks "false" in response to the statement of relationship to the other party.
The cost of the declaration is $37 and there is no provision to waive the fee.
Processing of Executed and Returned Marriage Licenses
Marriage licenses can be returned to this office in a number of ways:
Returned in by one or both parties married.
Returned in by the person performing the marriage.
Mailed to the office by the couple or person performing the marriage.
The person who performs the marriage ceremony shall record on the license the date on which and the county in which the ceremony is preformed and the person's name, subscribe the license, and return the license to the County Clerk who issued and it is not later than the 30th day after the date the ceremony is performed.
A person who fails to comply with this section commits an offense. An offense under this section is a misdemeanor punishable by a fine of not less than $200 and not more than $500. (Sec. 2.206)
The original license is mailed back to the couple after approximately 4-6 weeks.
Note:It is highly recommended the license be hand-carried to be recorded where possible.
Yes. In Texas, any adult person can apply on behalf of an applicant who is unable to appear personally before the county clerk. An affidavit of absence form must be provided. If you are incarcerated and are unable to be present for your wedding ceremony, you can also request a Prison Proxy form.
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.
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 El Paso County Clerk for changes and clarifications in the requirements before you leave home to apply for your marriage license.