Wedding & Notary in Texas

In Texas, a notary public cannot perform a marriage ceremony or issue a marriage license. Unlike some states, Texas does not grant notaries the legal authority to act as wedding officiants solely by holding a notary commission. Key points include: no marriage-performing powers for notaries, an $80 license fee, and a mandatory 72-hour waiting period

However, a notary public is vital to the Texas marriage process if you need to use an Affidavit of Absent Applicant.

 

Waiting Period: There is a mandatory 72-hour waiting period between when the license is issued and when the ceremony can occur, unless an active military waiver or judicial waiver is granted.

 

Validity: The license is valid for 90 days from the date of issuance. 

 

Covington- McGee Wedding & Christian Counseling  can notarize Affidavit of Absent Applicant. 

                   What a Notary CANNOT Do

  • Conduct a Marriage Ceremony: A notary public cannot legally marry a couple in Texas. To get married, you must use an authorized officiant such as a licensed or ordained minister, priest, rabbi, judge, or justice of the peace

    Certify Copy of a Marriage License: Texas notaries are strictly prohibited from certifying true copies of recordable documents, which include birth certificates and marriage licenses. These must be obtained directly from the Texas Secretary of State or the county clerk who issued the record.

                What a Notary CAN Do (Absent Applicants)

If you or your partner cannot appear in person at the County Clerk's office to apply for a marriage license (due to military deployment, incarceration, or illness), Texas law allows the present applicant to bring a notarized Affidavit of Absent Applicant for Marriage License. 

The Notary's Role: The absent applicant must sign this affidavit in front of a notary public, who will verify their identity and notarize the signature.

 

The Process: The present applicant then takes the original notarized form and a valid photo ID of the absent partner to the local county clerk to get the marriage license. 


A notary public in Phoenix, Arizona cannot officiate a wedding ceremony or sign a marriage license by virtue of their notary commission alone. 

 

Authorized Officiants in Arizona

Under Arizona law (A.R.S. § 25-124), only specific individuals can solemnize marriages and sign the license:

  • Religious Officials: Licensed or ordained clergymen, ministers, priests, rabbis, or leaders of any religious organization.
  • Judges: Judges of courts of record, municipal court judges, and justices of the peace.
  • Federal Judges: U.S. Supreme Court justices, bankruptcy court judges, and U.S. magistrate judges. 

  • Requirements for a Valid Marriage

  • The Ceremony: Must be conducted in the presence of an authorized officiant and at least two witnesses (at least 18 years old).
  • The Signatures: The license must be signed by the couple, the two witnesses, and the authorized person who performed the ceremony.
  • Return Deadline: The person who solemnized the marriage must return the signed license to the county clerk's office within 30 days of the ceremony.

 

“If we take all of the above into account, we can see that marriage is an institution not to be taken lightly.”-Hebrews 13:4

 

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Important Texas Legal Note on Wedding Officiants 

                                                       Texas Officiant Rules

  • Authorized Persons: Per Texas Family Code Section 2.202, only licensed/ordained Christian ministers/priests, Jewish rabbis, religious organization officers authorized by their group, or current/former judges can conduct a valid ceremony.

      * Notary Limitations: Holding a Texas notary public commission does not grant authority to solemnize or officiate marriages.

 

Important Phoenix Legal Note on Wedding Officiants 

Arizona law allows ordained clergy (including online-ordained ministers from recognized organizations like Universal Life Church or American Marriage Ministries), judges, justices of the peace, and licensed native American tribal leaders to solemnize marriages.