Hays County Marriage License

Marriage licenses in Hays County are issued by the County Clerk's office in San Marcos, the county seat located between Austin and San Antonio. Both applicants must appear in person at the clerk's office and meet the requirements of the Texas Family Code Chapter 2. No residency in Hays County or Texas is required to apply. Bring a valid photo ID and your Social Security number. After the license is issued, a 72-hour wait is required before the ceremony. The license is valid for 90 days.

Hays County Clerk - Marriage License Office

The Hays County Clerk's office in San Marcos handles all marriage license applications for the county. Hays County is one of the fastest-growing counties in Texas, so the clerk's office sees a high volume of applicants. Staff process both formal ceremony licenses and informal (common law) marriage declarations. All completed licenses are recorded and held at this office after the ceremony is done.

The Hays County Government Center on South Stagecoach Trail in San Marcos is where the clerk's office is located. No appointment is required, but the office is busy. Come during morning hours if you want to avoid longer waits. The office is closed on state and county holidays.

The fee for a marriage license in Hays County is $82. Couples who complete the Twogether in Texas premarital education course pay a reduced fee of approximately $22. Hays County accepts cash, credit card, and debit card. Call ahead to confirm current payment options if needed.

Note: If either applicant was divorced within the last 30 days, a certified copy of the divorce decree is required. Texas Family Code Section 2.009 prohibits issuing a new marriage license until 30 days after a prior divorce, unless a court grants a waiver.

The Hays County official website at hayscountytx.com provides complete information about County Clerk services, including marriage license requirements and office locations in San Marcos.

Review the Hays County website before your visit to confirm current hours and any recent changes to the process or fees.

How to Get a Marriage License in Hays County

Both applicants must appear at the Hays County Clerk's office together. There is no online application option. You fill out the form in person, pay the fee, and receive the license. The 72-hour clock starts at that point.

What each applicant needs to bring:

• Valid government-issued photo ID (driver's license, state ID, passport, or military ID)
• Social Security number (must know it; a card helps but may not be required)
• Certified divorce decree if divorced within the last 30 days
• Court order if either applicant is under 18 (required under Texas law since September 1, 2017)

No blood test is needed. No Texas residency is required. The license is valid for use anywhere in Texas, not just Hays County. The application form asks for full legal names including maiden surnames, dates and places of birth, Social Security numbers, and prior marriage history. This follows Texas Family Code Section 2.004. Hays County is a popular option for couples in the Austin and San Antonio metro areas.

If one applicant cannot appear in person, ask the clerk about the absent applicant affidavit process under Texas Family Code Section 2.006. Both applicants cannot be absent unless both are on active military duty.

72-Hour Waiting Period and Fees

After the license is issued, Texas law requires a 72-hour wait before the ceremony can take place. This comes from Texas Family Code Section 2.204. Three full days must pass from the exact time the clerk issued the license. Do not confuse this with three calendar days. It is a 72-hour clock from the exact time of issuance.

Active duty military are exempt from the wait. A family court judge can issue a written waiver for good cause. And couples who complete the Twogether in Texas premarital course skip the wait entirely. They also pay just $22 instead of $82. The course is 8 hours and can be completed at several sites in the Austin-San Marcos area. Bring the certificate to the clerk when you apply.

The license expires 90 days from the date of issue. If the ceremony has not happened by then, the couple must apply again and pay the fee a second time. An informal marriage declaration is also available through the Hays County Clerk for a fee of approximately $45. Both applicants must appear in person for that process as well.

Hays County Marriage License Records

After the ceremony, the officiant must sign and return the completed license to the Hays County Clerk within 30 days. This requirement is in Texas Family Code Section 2.206. The clerk records the license, and it becomes part of the public record. Certified copies can then be ordered for legal purposes such as name changes, benefits enrollment, and immigration matters.

Certified copies of marriage licenses from Hays County cost approximately $21 each. You can request them in person at the Government Center or by mail. For statewide verification, the Texas Department of State Health Services Vital Statistics unit maintains a marriage record index from 1966 to the present. Verification letters cost $20 and confirm a record exists but are not the same as certified copies from the county clerk.

Hays County marriage records go back well into the 1800s. The clerk's office holds the permanent public record file. Historical researchers and genealogists can contact the office for older records. Hays County also appears in Texas genealogy databases including indexes available through Ancestry and FamilySearch.

Nearby Counties

Hays County is part of the Austin-San Antonio corridor. These neighboring county clerks also issue marriage licenses under the same Texas law.