What Is Marriage by Proxy in Texas?
Marriage by proxy means that one of the parties entering the marriage is not present to apply for a marriage license. Texas is one of only a handful of states that allow proxy marriage.
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General
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When one of the parties wishing to enter into a marriage in Texas cannot appear in person, he or she can marry by proxy. He or she will need to sign a notarized affidavit of absence. A person of legal age will then represent the absent party at the application.
Location
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Individual counties issue marriage licenses in Texas. Each county has its own paperwork, which the absent applicant will need to complete. Individuals interested in proxy marriage should contact the county clerk of the county they plan to be married to determine the specific forms they need.
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Requirements
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Texas requires that one of the two parties entering the marriage be present to apply for a marriage license. Double proxy marriage (in which neither party is present) is not allowed in Texas. The paperwork of the absent party will attest that he or she desires to be married to the present party and that the two parties are eligible to be married under Texas law and not in violation of any Texas laws pertaining to marriage.
Why Proxy?
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Active-duty military personnel and incarcerated prisoners often seek marriage by proxy. Incarcerated prisoners are allowed to marry in Texas but must fill out a special form.
Legality
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All the United States recognize the legality of proxy marriages issued in the State of Texas. Texas can issue a valid proxy marriage to a couple even if they are not residents of Texas.
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References
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