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Harris County exact answer

What prior-marriage documents are required in Harris County?

This answer belongs to the issuing office and task named above. It does not substitute a statewide summary or infer a rule the office does not publish.

Direct answer

In Harris County, an applicant divorced within the last 30 days cannot be issued a license, unless the two applicants were divorced from each other or a court has waived the prohibition against remarriage under Family Code Section 6.802. The application asks each applicant to state whether they have divorced in the last 30 days. The Clerk does not publish a requirement to produce the divorce decree itself, only the 30-day wait. If your divorce was granted in Harris County and you need a copy of the decree, the Clerk directs you to the Harris County District Clerk's Office.

Published rule and conditions

Prior-marriage documents
An applicant divorced within the last 30 days cannot be issued a license, unless the two applicants were divorced from each other or a court has waived the prohibition against remarriage under Family Code Section 6.802. The application asks each applicant to state whether they have divorced in the last 30 days.

The Clerk does not publish a requirement to produce the divorce decree itself, only the 30-day wait. If your divorce was granted in Harris County and you need a copy of the decree, the Clerk directs you to the Harris County District Clerk's Office.

Applies in some cases

Both applicants must have been divorced 30 days before applying for a Marriage License.

Issuing office

Harris County Clerk's Office, Personal Records Department

Open the issuing office

Official sources for this answer

  • Personal Records — Marriage License FAQHarris County Clerk's Office - checked July 26, 2026

    Marriage Licenses can be obtained in person at anyone of our 11 locations. You must have a valid ID such as a driver's license, ID card issued by DPS, valid passport, resident alien card, or other U.S. government issued identification. Both applicants must have been divorced 30 days before applying for a Marriage License. The fee is $81.00. Witnesses are not required to purchase the Marriage License nor are they required to attend the marriage ceremony. There is a 72 hour waiting period and the license should be signed by the officiant no more than 90 days from the date of issuance. The 72 hour waiting period is automatically waived for active military personnel; however you will need to present your active military ID upon the purchase of the marriage license. No blood test is required to obtain a marriage license in the State of Texas. The Marriage License is valid in every county in the United States. Upon being returned to our office, original Marriage Licenses can take anywhere up to thirty (30) days to be returned to you.

  • Texas Family Code, Title 1, Chapter 2 — The Marriage RelationshipTexas Legislative Council — Texas Constitution and Statutes - checked July 26, 2026

    Sec. 2.201. EXPIRATION OF LICENSE. If a marriage ceremony has not been conducted before the 90th day after the date the license is issued, the marriage license expires. Sec. 2.204. 72-HOUR WAITING PERIOD; EXCEPTIONS. (a) Except as provided by this section, a marriage ceremony may not take place during the 72-hour period immediately following the issuance of the marriage license. (b) The 72-hour waiting period after issuance of a marriage license does not apply to an applicant who: (1) is a member of the armed forces of the United States and on active duty; (2) is not a member of the armed forces of the United States but performs work for the United States Department of Defense as a department employee or under a contract with the department; (3) obtains a written waiver under Subsection (c); or (4) completes a premarital education course described by Section 2.013, and who provides to the county clerk a premarital education course completion certificate indicating completion of the premarital education course not more than one year before the date the marriage license application is filed with the clerk. Sec. 2.101. GENERAL AGE REQUIREMENT. A county clerk may not issue a marriage license if either applicant is under 18 years of age, unless each underage applicant shows that the applicant has been granted by this state or another state a court order removing the disabilities of minority of the applicant for general purposes. Sec. 2.206. RETURN OF LICENSE; PENALTY. (a) The person who conducts a marriage ceremony shall record on the license the date on which and the county in which the ceremony is performed and the person's name, subscribe the license, and return the license to the county clerk who issued it not later than the 30th day after the date the ceremony is conducted.

Answer boundary

MarriageLicenseCheck is an independent reference, not the issuing office or legal advice. Applicant facts, timing, prior marriages, and document type can change the result. The official office decides what it will accept.

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