INSTRUCTIONS FOR AFFIDAVIT OF ABSENT APPLICANT
If an applicant is unable to appear personally before the county clerk to apply for a marriage license, any
adult person or the other applicant may apply on behalf of the absent applicant.
The clerk may not issue a marriage license for which both applicants are absent unless the person
applying on behalf of each absent applicant provides to the clerk an affidavit of the applicant declaring
that the applicant is:
1. A member of the armed forces of the United States stationed in another country in support of
combat or an
other military operation. [Texas Family Code, Sec. 2.006]
The person applying on behalf of an absent applicant shall provide to the clerk:
1. The
affidavit of the absent applicant as provided (must be complete or it will not be accepted by
clerk).
2. Proof of identity and age of the absent applicant (only original ID is acceptable; no copies).
3. If required, because the absent applicant is a person recently divorced within less than 30 days, a
court order/divorce decree establishing that a prior marriage has been dissolved and that the
absent applicant can marry within less than 30 days of the order being signed must be presented
to the clerk.
4. The affidavit will expire 30 days from the date it is signed and notarized.
PLEASE READ CAREFULLY: The applicant that will not appear in person to apply for the marriage
license must complete all blanks on the affidavit of absent applicant and sign the affidavit in the presence
of a Notary Public. If all blanks are not complete or the affidavit is not notarized it will not be
accepted by the clerk.
The applicant that will appear to apply for the marriage license must bring identification for themselves
and the absent applicant. ONLY ORIGINAL IDENTIFICATION WILL BE ACCEPTED; NO
COPIES. Acceptable forms of identification are as follows: driver’s license, certified copy of birth
certificate, military ID or some certificate, license, or document issued by this state or another state, the
United States, or a foreign government.
PROXY INFORMATION
The only absent applicants that can list a proxy on their affidavit are those that are a member of the armed
forces of the United States stationed in another country in support of combat or another military
operation. [Texas Family Code, Sec. 2.007]
If the absent applicant will be unable to attend the ceremony and he/she must appoint one adult, other
than the other applicant, to act as proxy for the purpose of participating in the ceremony. There can only
be one proxy listed and cannot be changed once the affidavit is notarized. The proxy is not required to
appear at the time the marriage license is issued.
