Legal Question in Family Law in Texas

How would one go about getting married over a long distance?

I live in Texas and my Fiance lives in Virginia. We want to get married because she just found out she is pregnant. I don't have enough leave and she can't travel due to the pregnancy. How can we get married so we can start receiving military allowances so that i can buy a house before she comes out here? can we get married over the phone? anything?

Asked on 5/02/05, 11:12 pm

1 Answer from Attorneys

Basil Hoyl Law office of Basil Hoyl
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Re: How would one go about getting married over a long distance?

Go to your county clerk's office and request to marry by proxy.

Review Texas Family Code:

2.006. ABSENT APPLICANT. (a) 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.

(b) The person applying on behalf of an absent applicant shall provide to the clerk:

(1) the affidavit of the absent applicant as provided by this subchapter;

(2) proof of the identity and age of the absent applicant as provided by this subchapter; and

(3) if required because the absent applicant is a person under 18 years of age, the documents establishing parental consent,documents establishing that a prior marriage has been dissolved, or a court order authorizing the marriage of the absent, underage applicant.

2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit of an absent applicant must include:

(1) the absent applicant's full name, including the maiden surname of a female applicant, address, date of birth, place

of birth, including city, county, and state, citizenship, and social security number, if any;

(2) a declaration that the absent applicant has not been divorced within the last 30 days;

(3) a declaration that the absent applicant is:

(A) not presently married; or

(B) married to the other applicant and they wish to marry again;

(4) a declaration that the other applicant is not related to the absent applicant as:

(A) an ancestor or descendant, by blood or adoption;

(B) a brother or sister, of the whole or half blood or by adoption;

(C) a parent's brother or sister, of the whole or half blood or by adoption; or

(D) a son or daughter of a brother or sister, of the whole or half blood or by adoption;

(5) a declaration that the absent applicant desires to marry and the name, age, and address of the person to whom the absent applicant desires to be married;

(6) the approximate date on which the marriage is to occur;

(7) the reason the absent applicant is unable to appear personally before the county clerk for the issuance of the license; and

(8) if the absent applicant will be unable to attend the ceremony, the appointment of any adult, other than the other applicant, to act as proxy for the purpose of participating in the

ceremony.

2.203. CEREMONY. (a) On receiving an unexpired marriage license, an authorized person may conduct the marriage ceremony as provided by this subchapter.

(b) A person unable to appear for the ceremony may assent to marriage by the appearance of a proxy appointed in the affidavit authorized by Subchapter A.

http://www.capitol.state.tx.us/statutes/fa.toc.htm

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Answered on 5/03/05, 12:26 pm

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