Revisions to Texas proxy marriage laws affect military members
By Capt. Daria C. Awusah, 82nd Training Wing Judge Advocate
/ Published October 08, 2013
SHEPPARD AIR FORCE BASE, Texas --
The Sheppard Law Center would like to publicize the following information regarding recent legislative changes to marriage by proxy in Texas. Effective Sept. 1, individuals seeking to marry a servicemember by proxy must provide an affidavit stating that the absent applicant is a member of the U.S. military stationed in another country in support of combat or another military operation.
Previous Texas law allowed proxy marriages for applicants who were on active duty as a member of the U.S. military, irrespective of assigned duty location. Under the new rule, the affidavit of the applicant who is unable to attend the ceremony must declare that the absent applicant is a member of the U.S. military stationed in another country in support of combat or another military operation, and include the appointment of a proxy for the purposes of participating in the ceremony.
All interested applicants may still request and obtain from a county courthouse an "affidavit of absent applicant on application for marriage license." However, the recent legislative changes require that both parties be present for the actual ceremony unless the absence of one applicant is due to an overseas military assignment.
For more information, please contact your respective Texas County Clerk's Office or call the Sheppard Law Center at (940) 676-4262 to schedule an appointment with an attorney.