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My fiance is in Kaufman county jail awaiting trial and

My fiance is in...

My fiance is in Kaufman county jail awaiting trial and sentencing. We want to get married. Can we do it while he's incarcerated there? He has the civil right to be married, doesn't he?

Lawyer's Assistant: What steps has your fiancé taken? Has he filed any papers in family court?

No, he's asked me and I've agreed, now I'm unsure about getting a marriage license without him being present and then the county letting him be served the license to sign. and the marriage would be by proxy? Or at a court appearance? In Texas, by the way, sorry.

Lawyer's Assistant: Has he talked to a lawyer about this yet?

I asked his lawyer's paralegal if they would take the paperwork during an attorney visit, but she said she didn't think so. He's got a court appointed public defender. Criminal lawyer, not civil.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that we both want to be married, we've lived together off and on for the past few years. And, I appreciate your assistance.

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Answered in 3 hours by:
3/22/2018
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 77
Experience: Attorney
Verified

Hello I would be happy to help you with your legal question. Please give me a few moments to review your question and research an answer.

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The first step would be to visit the county clerks office to obtain A “Formal marriage license”.

Here's a link to their website: http://www.kaufmancountyclerk.com/mls.htm

A formal marriage license can be obtained from any county in Texas and the marriage can be performed anywhere.

The following information is required on a marriage license application of both spouses, or party A and party B, the information needed for marriage license requirements is below:

  • Both parties must appear in person. (or file Absentee Affidavit-see below)

  • Both parties must be at least 18 years of age.

  • Submit proof of identity and age.

  • Must know Social Security number.

  • Must Know city, county, and state where you were born.

Marriage ID Requirement Texas:

Must have a valid, government-issued picture identification:

  • Driver’s license

  • State ID

  • Passport

  • Military ID

  • Visa

  • Certified copy of birth certificate and valid photo ID


Marriage license requirements are always subject to change so it’s best to check with your County Clerk's office to verify information and documents needed to obtain your license.

Marriage Waiting Period Texas:

  • There is a 72-hour waiting period to get married.

  • The 72-hour waiting period may be waived by court order

Marriage Residency Requirement Texas:

You do not have to be a resident of Texas.

Proxy Marriages Texas:

Yes, but marriage by proxy in Texas is limited to individuals serving in the military and stationed outside of the country.

Blood Test Requirement Texas:

No. Blood tests or medical examinations are not required in Texas.

Name Change:

Getting a marriage license with your new name on it does not mean your name has automatically changed. If you need to change your last name, you can use an online Marriage Name Change kit.

Marriage Age Requirements Texas:

If an applicant is under the age of 18, must be accompanied by one parent, to sign legal consent. A minor must have a certified copy of birth certificate, photo I.D. and Social Security card or proof of social security number. If parents are divorced, the parent granted custody must submit a certified copy of their divorce decree in order to sign consent. Please contact your local County Clerk's office for additional information.

Absent Applicant:All applicants must be present for the ceremony unless: (a) the absent applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation; and unable to attend the ceremony. All other applicants will have to be present for the ceremony.

As far as the wedding ceremony. That has to be arranged by you: Here's a link for information on how to go about doing that, along with other helpful information about this entire process: https://www.wifeandinmate.com/marriage-resource-center---how-to-get-married-in-tdcj.html

Please let me know if there is anything else you want to discuss. I would be happy to continue this conversation. If so just reply to this response. If you are satisfied with this response, please Accept the answer and provide a rating. Doing so costs you nothing extra. Experts are independent contractors and rating so is the only way we are compensated for the time reviewing and responding to questions as we are not employees of the site. You may also get a request for a telephone call, but that is from the site and not the experts. I hope your legal issue works out to your satisfaction.

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Customer reply replied 1 month ago
Thank you so much. The absentee affidavit can be found where? Or is that only applicable for the aforementioned reason?How do 8 get the certificate to him to sign while incarcerated? Would a notary presence be required since there is a 72 he wait time or do I make a request for an actual court date? Can the county jail deny his right to be married?

Here's link for the Absentee Affidavit. http://www.kaufmancountyclerk.com/PDF%20Forms/Marriage%20by%20proxy.pdf

It and other forms can be found on the county clerk's office website that I provided earlier.

You can fill out as much of the form as you can, DO NOT SIGN IT, and mail it to him. He would complete the rest, sign it in front of a notary that should be available at the correctional facility. Then mail it back to you.

Yes the notary is needed on any documents that require it regardless of 72 hour wait period.

They cannot deny his right but as far as scheduling the ceremony they have discretion on when and how that would be done. The link I provided to wifeandinmate.com has information about arranging an approved officiant to perform the ceremony. I wouldn't schedule anything until all paperwork is completed.

N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 77
Experience: Attorney
Verified
N.Brown ESQ and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you for your help. I am checking out the link, but everything costs to really use their resourse. It's more of a service provider. But, I'm sure I can glean some info from it. Thank you again.
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Satisfied Customers: 77
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