Conducting the Ceremony

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Texas law does not provide many details about the actual marriage ceremony and how it may be conducted. Instead of regulating what is said or done in a ceremony, the law focuses on time periods within which certain things must be done.

Once a couple obtains a marriage license, the law says the following about the ceremony itself:

Texas Law

State laws governing the wedding ceremony and the return of the marriage license. State law governing who can conduct a marriage ceremony. State law governing the validity of the marriage if an unauthorized person conducts the ceremony.

Understanding the Law

This guide from the Houston Bar Association is aimed at young people entering adulthood, but the topics discussed are also useful for the general public. The guide covers a wide range of legal topics including marriage, providing answers to questions regarding marriage licenses, conducting the ceremony, and common law marriage.

A guide created for county clerks by the Department of State Health Services in 2015 on the best practices to use when issuing marriage licenses. It also offers some answers to common questions about the application process. Information on officiants can be found beginning on page 15. This document is available through the Internet Archive and is no longer being updated. Please check any information in this document for accuracy and completeness.

Who Can Conduct a Ceremony?

Please see our video on this topic:

Section 2.202 of the Texas Family Code authorizes the following people to conduct a marriage ceremony:

As per the Department of State Health Services' guide linked above, there is no official registration for persons authorized to conduct a marriage ceremony. If they review the law and believe they can perform the marriage ceremony, then they can perform the ceremony.

Conducting a Ceremony Online

Since the COVID-19 outbreak, we have been getting many questions about this topic, from both couples and officiants, asking if they can conduct a wedding ceremony over videoconferencing software like Skype or Zoom.

Texas law does not provide many details about the actual marriage ceremony and how it may be conducted. To learn more, visit “Can a marriage ceremony be conducted over Zoom or Skype?

Ceremonies with Texas Prisoners

Previously, Texas law allowed prisoners to marry by proxy, a process that allows an appointed person to stand in for the absent applicant at the ceremony. Section 2.203 of the Texas Family Code was amended in 2013, and now proxy marriages are only available to active-duty military members stationed in another country.

For those wishing to formally marry someone who is currently incarcerated with the Texas Department of Criminal Justice (TDCJ), a wedding ceremony will need to be conducted on TDCJ property. See the resources below for how to apply for a ceremony with the Department.

Rules issued by the Texas Department of Criminal Justice on how prisoners can get married while incarcerated.

As stated in AD-03.42, an individual seeking to perform a marriage on TDCJ property or contracted facilities shall complete this application and submit it to the Access to Courts headquarters at least one week prior to the scheduled marriage date.

Rules issued by the Texas Department of Criminal Justice on prisoner visitation. It includes marriage ceremony rules related to eligibility, attire and prohibited items.