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Travis County exact answer

Can the marriage license waiting period be waived in Travis 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 Travis County, the wait does not apply to an applicant who is a member of the U.S. armed forces and on active duty; who performs work for the U.S. Department of Defense as an employee or contract worker; who obtains a written waiver from a judge of a court with jurisdiction in family law cases, a justice of the supreme court, a judge of the court of criminal appeals, a county judge, or a judge of a court of appeals; or who completes a premarital education course described by Texas Family Code Section 2.013 and gives the County Clerk a course completion certificate showing completion within one year of the date the application is filed. The Clerk publishes its own forms for two of these routes: a Military Waiver statement declaration signed by the service member, and an Order Waiving 72 Hour Waiting Period for a judge to sign on a finding of good cause. Only the premarital-education route also reduces the fee — the Texas Twogether Program takes the license from $80 to $20. The Clerk's waiver order adds that an associate judge appointed under Family Code Chapter 201, an associate judge appointed under Chapter 54A of the Government Code, or a justice of the peace may also sign it. Both the military waiver and the judge's order must be kept with the marriage license and returned with it after the ceremony.

Published rule and conditions

Waiting-period waiver
The wait does not apply to an applicant who is a member of the U.S. armed forces and on active duty; who performs work for the U.S. Department of Defense as an employee or contract worker; who obtains a written waiver from a judge of a court with jurisdiction in family law cases, a justice of the supreme court, a judge of the court of criminal appeals, a county judge, or a judge of a court of appeals; or who completes a premarital education course described by Texas Family Code Section 2.013 and gives the County Clerk a course completion certificate showing completion within one year of the date the application is filed. The Clerk publishes its own forms for two of these routes: a Military Waiver statement declaration signed by the service member, and an Order Waiving 72 Hour Waiting Period for a judge to sign on a finding of good cause.

Only the premarital-education route also reduces the fee — the Texas Twogether Program takes the license from $80 to $20. The Clerk's waiver order adds that an associate judge appointed under Family Code Chapter 201, an associate judge appointed under Chapter 54A of the Government Code, or a justice of the peace may also sign it. Both the military waiver and the judge's order must be kept with the marriage license and returned with it after the ceremony.

Applies in some cases

Unless an applicant: Is a member of the armed forces of the United States and on active duty; Performs work for the United States Department of Defense as an employee or contract worker; Obtains a written waiver from a judge of a court with jurisdiction in family law cases, a justice of the supreme court, a judge of the court of criminal appeals, a county judge, or a judge of a court of appeals; Completes a premarital education course described by Texas Family Code Section 2.013 and provides the County Clerk with a course completion certificate indicating completion of the course within one year of the date the marriage license application is filed with the Clerk.

Issuing office

Travis County Clerk's Office, Recording Division

Open the issuing office

Official sources for this answer

  • Marriage License - Travis County ClerkTravis County Clerk's Office - checked July 26, 2026

    Requirements: Complete a marriage license application; Both parties must appear together at the county clerk's office located at Civil Family Courthouse 1700 Guadalupe St. 4th Floor, Ste 4.300; Provide a proof of identity using documents approved by state law, See list; Not be divorced within the last 30 days (or provide a waiver); Not presently married to someone other than the other applicant; Not related to the other applicant; Be 18 years or older to obtain a marriage license. Marriage License Waiting Period: There is a required 3-day waiting period between the time a marriage license is obtained and the ceremony (Texas Family Code, Chapter 2, Section 2.204). Unless an applicant: Is a member of the armed forces of the United States and on active duty; Performs work for the United States Department of Defense as an employee or contract worker; Obtains a written waiver from a judge of a court with jurisdiction in family law cases, a justice of the supreme court, a judge of the court of criminal appeals, a county judge, or a judge of a court of appeals; Completes a premarital education course described by Texas Family Code Section 2.013 and provides the County Clerk with a course completion certificate indicating completion of the course within one year of the date the marriage license application is filed with the Clerk. Marriage License Expiration: A marriage license is valid for 89 days from the date it is issued; A marriage license expires if it has not been used before the 90th day after it was issued; If a couple wishes to marry after the expiration date, a new license must be purchased. After the Ceremony: The completed marriage license must be returned to the Travis County Clerk's Office within 30 days from the date of ceremony. Fee(s): $80.00 license fee; $20.00 with completed premarital education course (Texas Twogether Program). Must present certificate at time of issuance of license; A member of the National Guard on federal active duty, or a member of the armed forces of the United States on active duty, who is preparing to be deployed to serve in a hostile fire zone as designated by the United States Secretary of Defense is exempt from marriage license fees. Texas law does allow certain exceptions to the requirement that both applicants appear before the County Clerk to apply for a marriage license. In such situations, a completed affidavit of absent applicant can be used for the issuance of marriage license.

  • Recording FAQ - Travis County ClerkTravis County Clerk's Office - checked July 26, 2026

    Do both applicants need to be present to obtain a formal marriage license? Yes, both applicants must be present with an original form of ID for each applicant. What if one applicant cannot come in to apply for a marriage license? Please review the Absent Affidavit Instructions and have the Absent Affidavit form completed by the absent party. Can both applicants apply for a marriage license using an Absent Affidavit for each applicant? No, only if both applicants are deployed active military. What form of ID is required to apply for a marriage license? Most common forms of ID used are driver's license, state ID, passport, and or certified copy of birth certificate. Please review the Family Code Marriage Relation Section 2.205 for other options. Will an expired ID be accepted? The form of ID cannot be expired more than 2 years. Does the ceremony take place at your office? No, the ceremony does not take place in our office. You will leave with the license the same day however, a list of Judges who perform marriage ceremonies in Travis County may be provided to you. Is the 72-hour waiting period mandatory? There is a required 3-day waiting period between the time a marriage license is obtained and the ceremony. A person meeting the above requirements does not need to apply for permission to marry couples and does not need to register with the County Clerk. Can an underage applicant apply for a marriage license? Effective September 1, 2017 Texas Family Code 2.003 states, A person under the age of 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. What are the fees for a formal marriage license and informal marriage license? The formal marriage license is $80.00 and the informal marriage license is $45.00. Can I apply for a marriage license if recently divorced? If divorced, and the divorce was finalized within the previous 30 days, an applicant must provide a certified copy of the divorce decree which states that the 30-day waiting period has been waived. Where is your office located and what are your office hours? Our office is located at the Civil Family Courthouse 1700 Guadalupe St. 4th Floor Ste. 4.300 Austin, TX 78701. Hours of operation are M-F 8:00 AM-4:30 PM.

  • Order Waiving 72 Hour Waiting Period (Travis County Clerk form)Travis County Clerk's Office - checked July 26, 2026

    ORDER WAIVING 72 HOUR WAITING PERIOD. Having heard their application, the undersigned does find that there is good cause for the marriage to take place during the aforementioned 72-hour period. It is, therefore, so ORDERED, that, pursuant to Texas Family Code Sec. 2.204(c), the 72-hour waiting period be, and hereby is, WAIVED. NOTE: This waiver form can be completed by any Judge with jurisdiction in family law cases (including District Court Judges), a Justice of the Supreme Court, a Judge of the court of Criminal Appeals, a County Judge (including County Court-at-Law and Probate Judges), a Judge of the Court of Appeals, an Associate Judge appointed under Chapter 201, an Associate Judge appointed under Chapter 54A, Government Code, or a Justice of the Peace. KEEP THIS DOCUMENT WITH YOUR MARRIAGE LICENSE. After the ceremony has been performed, return this order with the marriage license to: Travis County Clerk, PO Box 149325, Austin, TX 78714-9325.

  • Military Waiver — Statement Declaration (Travis County Clerk form)Travis County Clerk's Office - checked July 26, 2026

    STATEMENT DECLARATION. I am a member of the armed forces of the United States and am on active duty. Therefore, under Section 2.204 of the Texas Family Code, Subsection (b), my marriage to the applicant below may be conducted during the 72-hour period immediately following the issuance of the license. Soy un miembro de las fuerzas armadas de los Estados Unidos. Por eso, segun de la seccion 2.204 del Codigo de la Familia de Tejas subseccion (b) mi boda al solicitante debajo puede ocurrir durante el primer periodo de 72 horas. KEEP THIS WITH YOUR MARRIAGE LICENSE / GUARDE ESTE DOCUMENTO CON LA LICENCIA DE MATRIMONIO DE USTED. After the ceremony has been performed, return this with the marriage license to / Despues de la boda, devuelva este documento con la licencia de matrimonio a: Dyana Limon-Mercado, Travis County Clerk.

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