Is there a waiting period after you get your marriage license before you can marry?

Full question:

I live in Texas. I got a marriage license from the authority today. I would like to conduct the marriage ceremony tomorrow. Is it permissible under Texas law to conduct the marriage ceremony soon after the marriage license is obtained?

• Category: Marriage
• Subcategory: License
• Date: 04/07/2025
• State: Texas

Answer:

In Texas, there is a 72-hour waiting period after the license is issued before the marriage ceremony can take place. A court may grant an annulment of a marriage, if the marriage ceremony took place within 72 hours immediately preceding the issuance of marriage certificate. Thus, generally, a marriage ceremony may not take place during the 72-hour period immediately following the issuance of the marriage license. However, the waiting period does not apply if an applicant is a member of the armed forces, or if the applicant obtains a 72-hour waiver signed by a District Judge, or completes a premarital education course as provided in the statute. Therefore, you may conduct your marriage ceremony after 72-hour waiting period as provided under law.

Tex. Fam. Code § 2.204 and Tex. Fam. Code § 6.110 deals with the 72-hour waiting period after issuance of the marriage certificate. Tex. Fam. Code § 2.204 that states the exceptions. It reads as follows:

“(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.

(c) An applicant may request 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 for a written waiver permitting the marriage ceremony to take place during the 72-hour period immediately following the issuance of the marriage license. If the judge finds that there is good cause for the marriage to take place during the period, the judge shall sign the waiver. Notwithstanding any other provision of law, a judge under this section has the authority to sign a waiver under this section.”

 

Tex. Fam. Code § 6.110 that deals with provision relating to marriage less than 72 hours after issuance of license reads as follows:

“(a) The court may grant an annulment of a marriage to a party to the marriage if the marriage ceremony took place in violation of Section 2.204 during the 72-hour period immediately following the issuance of the marriage license.

(b) A suit may not be brought under this section after the 30th day after the date of the marriage.”