Absent Applicant Affidavit For A Person Incarcerated In The Institutional Division Of The Texas Department Of Criminal Justice Form

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INSTRUCTIONS FOR COMPLETING AN ABSENT APPLICANT AFFIDAVIT FOR A PERSON
CONFINED IN THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE (TDCJ)
PLEASE READ CAREFULLY
The ABSENT APPLICANT AFFIDAVIT is to be used to apply for a Marriage License when one party is unable to
appear in the County Clerk Office due to incarceration at the Texas Department of Criminal Justice, Institutional Division.
Please read the following instructions carefully before completing the Affidavit. Print or type all information that is
requested on the attached Affidavit. The absent party must return the completed Affidavit to the party he/she wishes to
marry. Both parties desiring to marry must be in full compliance with the information that follows or the
application will be denied. At least one party desiring to marry must appear before the County Clerk:
(1) The County Clerk may not issue a marriage license for which both applicants are absent unless the person
applying on behalf of each absent applicant/s provides to the Clerk an Affidavit of the applicant/s declaring that
the applicant/s is/are:
(a) On active duty as a member of the armed forces of the United States, or the state military forces, or:
(b) Confined in a correctional facility, as defined by Sec. 1.07, Penal Code
(2) The party who will not be able to appear in the County Clerk Office must complete and sign the attached form in
the presence of a Notary. A title and/or name must be printed or typed below this signature. All blanks on the
form must be completed.
(3) The names of both parties must be printed or typed exactly as they appear on the identification that will be used to
obtain the Marriage License. Acceptable forms of identification are: valid driver license in the U.S., original or
certified copy of a birth certificate plus a photo I.D., U.S. Military I.D., valid I.D. issued by the Department of
Public Safety in the U.S., valid passport, any valid I.D. issued by the State of Texas, naturalization papers. The
authorized person taking the acknowledgment must see to it that ALL the information requested on the form from
lines #1 through #15, are filled out and completed except the signature of the absent applicant.
(4) Applicant must then appear in any County Clerk Office in the State of Texas at least 72 hours, but not more than
30 days prior to the ceremony. The applicant must present an acceptable form of identification for both parties
that states the correct name and date of birth of each applicant as required in #1 and #3, on the Affidavit.
(5) Both applicants must be present for the marriage ceremony. A PROXY cannot be appointed.
UNDER NO CIRCUMSTANCE WILL THE COUNTY CLERK ACCEPT AN ALTERED DOCUMENT AS PROOF OF
IDENTITY. APPLICANT MUST SUBMIT TO THE COUNTY CLERK THE ORIGINAL OR CERTIFIED COPY OF
THE DOCUMENT
(6) Marriage must take place after the 72-hour waiting period.
(7) If either party has been divorced within the last 30 days, please contact the County Clerk Office for more
information.
(8) If either party is under 18 years of age, please contact the County Clerk Office for more information.
AFFIDAVIT EXPIRE 30 DAYS FROM DATE OF NOTARY ACKNOWLEDGMENT
Office Hours: 8:00 A.M. to 5:00 P.M. Monday through Friday except weekends and holidays, Phone 409/766-2200
PLEASE ALLOW AT LEAST 30 MINUTES TO ISSUE LICENSE
Rev. 08/13

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