FREQUENTLY ASK QUESTION’S

MARRIAGE LICENSE

We lost our marriage license before we got married.  Can we get another one?

Yes, you may receive a duplicate of your marriage license.  The cost will be $10.00.  But it must be purchased within the 30 days before it would expire.

What if we both can’t come in together to get the marriage license?      

If one of the applicants is unable to appear when obtaining the marriage license, you will need to obtain an Affidavit of Absent Applicant Form.  This form is to be filled out by the applicant who cannot appear and his or her signature must be notarized.  You must present both this form and the absent applicants original ID when obtaining the marriage license. If the applicant is currently incarcerated in a Texas Department of Criminal Justice Unit, use the form titled Declaration in Support of Proxy. The Absent Applicant Affadavit, like the marriage license itself, is only good for 30 days.

Who can perform our ceremony?

A licensed or ordained minister or priest, Jewish rabbi or person authorized by a religious organization to conduct a marriage ceremony.  Any Judge or Justice of the Peace.  See other county web pages for Judge and Justice of the Peace listings. 

I’m under 18; can I apply for a Marriage License?

You may apply for a marriage license as young as 16 years old.  If you are under 18, you must have your parent or guardian present with you when you apply.  You will need to bring a certified copy of the birth record for ID and some form of state or federal issued ID as well.  If your parent or guardian is conservator over you as a result of a divorce, they will need to bring a certified copy of their divorce decree with them.

What if we want to get married, but 30 days haven’t passed since my divorce was final? 

If your divorce decree doesn’t already waive the 30-day waiting period, you will need to get a judge to order the waiver.  You do not have to wait 30 days if you are re-marrying the same person or if your divorce was obtained in a state other than Texas.  If the waiting period was waived in your divorce decree, please provide a certified copy of your divorce decree for proof.

What if we don’t want to wait 72 hours before we get married?

You can get the 72 hour waiting period waived by a judge’s order. If you’ve obtained an order from a judge to waive the waiting period, please bring the order with you.

If you are “active military” or work for the U.S. Department of Defense, the waiting period is automatically waived. You must provide us proof of your active military status or employment with the U.S. Department of Defense when applying for your marriage license.

How do we obtain a Common Law Marriage Certificate?

A Common Law Marriage Certificate is also known as an Informal Marriage License.   The application for this certificate is similar to the Marriage License. However, you cannot use an Absent Applicant form, both applicants must come in together when applying.  You will need to bring state or federal issued identification that shows your date of birth (drivers license, state ID, military ID, etc.) We will ask you for your social security number and place of birth.  You must be 18 years old.  The cost is $37.00 cash or money order only. You will also need to provide a date that you begin living together as a married couple.

How do I get a copy of a Marriage License?

A written request with your fee is required for a copy of your Marriage License.  We need the groom and bride names and the date of marriage.  Please send check or money order.  The fee for a search and certified copy is $12.00 when requested by mail. The cost is reduced when the written request is made in person or when the requestor searches the records for the license.  Click here for a copy request form.

Why don’t you have the marriage record I’m looking for?  They were married in Taylor County.

A marriage license issued in Texas can be used in any other county in Texas, so if a person is married in Taylor County, this doesn’t necessarily mean their marriage license will be on record in Taylor County.  You will need to go to the County they purchased the license from.

 

 

BIRTH/DEATH CERTIFICATES

Who has access to Birth and Death Records and how can someone get a copy?

Birth records older than 75 years and Death records older than 25 years are open to the public.  All others are closed to the public. 

You may purchase a certified copy of these records if you are one of the following:

1. A legal representative
2. Personal representative or agent
3. An immediate family member
4. The registrant who has a direct and tangible interest in the record and who shall have a significant legal relationship to the person whose record is requested. 

The purpose for which the certified copy is needed and the relationship of the applicant is essential to the application to determine if the applicant is properly qualified. 

The fee for a copy of a Birth Certificate is $23.00 each, cash or money order.  The fee for a certified copy of a Death Certificate is $21.00 for the first copy and $4.00 for each additional copy issued at the same time.  You must fill out the Application for Birth or Death Certificate.  Send in the complete form, a copy of your Driver’s License or a valid ID for identification and the fee in a money order to the address printed on the application.  Please call or e-mail if you need further assistance.

 

GENERAL

How can I get a copy of my deed?

Anyone can come into the office and search our indices and images on 4 computers for the most up-to-date information, for no fee.  We have hand indices dating back as far as late 1800’s. You can also go online at texaslandrecords.com.  If you know your volume and page number you can call us and we will let you know how many pages your deed is and how much money to send with your written request.  Copies are $1.00 per page, and $5.00 per document if you need them certified. Click here for a copy request form.

When should I renew my brand?

Marks and brands must be renewed every 10 years regardless of when you initially apply for them.  Everyone has to renew at the same time.  The next renewal will be September 1, 2011.  The filing fee for a brand is $16.00.

 

 ASSUMED NAME CERTIFICATE

 

Why do I need to file an Assumed Name Certificate (DBA)?

The Texas Business and Commerce Code require businesses to file assumed name certificates.  Also, most banks will not allow a business to open a checking account without an Assumed Name Certificate on file.

The filing of an assumed name certificate of a business name does not impart any real protection to the party filing.  It is merely a formal process that informs the general public of the registered agent for a business, and where official contact with the business can be made. 

Can Assume Names be searched over the phone?

No. You can come in the office and search our index or you can send a written request with a $5.00 fee for each name you want searched. 

What if I plan to do business in multiple counties?

If you are a non-corporate business, then you need to file an assumed name certificate with each county in which you plan to conduct business.

Do I have to file an assumed name certificate if I am only going to use the name I incorporated under?

 

No.  The name you incorporated under is filed with the Secretary of State and can be used anywhere within the State of Texas without any additional filing requirement.

 

Where can I obtain additional information and help?

 

Contact the Texas Department of Commerce, Small Business Division at 1-800-888-0511.  This office offers free services that assist both new and expanding businesses.

 

You can also call the Secretary of State at 512-463-5555.