Search free Smith County marriage records to discover a person’s marital history.
You may want this information to satisfy a curiosity, conduct a search of your family roots or prove the validity of a marriage for business or legal reasons.
Thanks to the Texas Public Records Act, citizens can inspect and copy various government documents, including marriage records. However, knowing who maintains these records and how to request or access them is key.
Below are the steps and processes involved in searching marriage records in Smith County. Use this article as your go-to resource for seamlessly and efficiently tracking down marriage records in Smith County, Texas.
This resource was written by Attorney Robert Bailey Jr, who holds a Juris Doctorate from Widener University School of Law.
How To Acquire Smith County Marriage Records on Anyone For Free
You can perform a search to find marriage records throughout Smith County. The custodian for local marriage records is the Smith County County Clerk.
The Smith County Clerk has an online records search tool for accessing marriage records.1 To use this tool, you can conduct either a simple or advanced search.
Under the Department drop-down menu of the search tool, select “Marriage.” You can then enter either individual’s name listed on the record you are researching.
You can also narrow down results by setting a range for when the marriage was recorded or where the physical copy is located. You can also choose to look up either formal or informal (common-law) marriages.
Your search results will provide the names of both people who were married that match the criteria you entered. You can also view the date they were married, when the license was recorded and the specific location where the physical record is being held. You can then click on a record for additional information, including a PDF of the original marriage certificate, when available.
To obtain a marital certificate, you can complete the Application for a Certified Copy of Marriage License. On the application, you will need to provide the name of both applicants as well as the date they were married. You also must provide your relationship to the applicants, contact information and the number of copies you are requesting.
The completed application, along with the fee and a self-addressed stamped envelope, can be brought in person or mailed to the address below:
Smith County Clerk’s Office
Attn: Marriage License
200 East Ferguson St., Ste. 300
Tyler, Texas 75702
The fee for a certified copy of a marriage certificate is $21.00 each. Payments should be sent by either a money order or check.
For additional questions, you can contact the Smith County Clerk by phone at 903-590-4697.4 They are available to assist you with marriage record requests Monday through Friday from 8:00 AM to 4:45 PM.
For genealogy searches, you can look up archived marriage records which will be discussed next.
How To Look Up Historical or Archived Marriage Records in Smith County
In many cases, older records (including marriage certificates) are archived. Usually, these archived records are not needed as regularly.
However, there are relevant situations in which a person may want access to these records. Most often, people need to look through archived marriage records as part of a genealogy search.
In some counties, there may be a separate office that is specifically designated to maintain archived records. However, to access archived Smith County marital records, you can use the same options that were provided in the previous section. As a record seeker, you can start with the Smith County Clerk’s online records search tool to access archived marriage records.
A citizen can contact the Smith County Clerk for any questions, like how far back they maintain marital records or how to search for them. You can contact the Smith County Clerk by phone at 903-590-4697 or by going to the address below:
Smith County Clerk
200 East Ferguson Street, Ste. 300
Tyler, Texas 75702
You can call them or visit them in person from 8:00 AM to 4:45 PM, Monday through Friday.
Other types of related records you may want to access are common-law marriages and domestic partnerships.
Texas does not recognize domestic partnerships; however they do recognize common-law marriages. This is when a couple has represented themselves as married and, through a court declaration, two individuals are viewed as wed in the eyes of the state. These types of records can also be viewed, archived or new.
Regardless of the type of archived marriage record, you can consider looking in more unique places like a religious institution that performs weddings. They may have records of older marriages if they have been operating for a while.
You may also want to check with historical societies and public libraries for old newspapers, indexes and anything else that may contain a marriage record.
To expand your search to the entire state, reach out to the Texas State Library Archives Commission to see what archived marriage records or indexes they have available.5 You can either contact them via email at [email protected] or call them at 512-463-5474. The Archives Commission is located at the address below:
Texas State Library & Archives
1201 Brazos St.
Austin, Texas 78701
A last option is to check with the Family History Center of the Texas State Archives & Libraries.6
How Do You Find Texas Marriage Records Outside of Smith County?
You are now thoroughly prepared to perform any type of search needed to access marriage records within Smith County. However, there are many reasons why you may need to expand your search beyond Smith County. Whether you cannot locate a marriage record or want to find a marital document in another county, there is a statewide option that can be used throughout Texas.
To request records from any county in the state, you can do so through the Texas Department of State Health Services Vital Statistics Section.7
Instead of providing a marriage certificate (these can only be requested from the county clerk), they will provide a verification. The Vital Statistics Section has records available starting in 1966 to the present.
To qualify for this type of record, you must be the person listed on the marriage certificate or a specific family member. Those include parents, guardians, spouses, children or grandparents. You can also obtain a marriage verification if you have a court order, verifiable legal interest or are designated as a legal representative.
One option for requesting a marriage verification is to fill out their online marriage verification request form.8 Alternatively, you can complete their PDF Marriage Record Application. This application can be dropped off at a Vital Statistics location or mailed to the address below:
Texas Vital Statistics
Department of State Health Services
P.O. Box 12040
Austin, Texas 78711
A marriage verification costs $20.00 per copy. If you are just looking to review marriage information but do not need formal verification, you can look through the Vital Statistics indexes of marital records.
Marriage indexes are available starting in 1966 and will provide a citizen with a list of individuals married in Texas, their age and the location and date of their marriage. Indexes are separated by year.
For questions about the information in these marriage indexes or requesting a marriage verification, a person can contact the Vital Statistics Section by phone at 888-963-7111 or by sending an email to [email protected].
The Vital Statistics Section is open for business from 8:00 AM to 4:00 PM, Monday through Friday. Additional information can also be found on their FAQ page for marriages.10
How To Obtain a Marriage License in Smith County Texas
If you and your partner have decided to get married, you will need to take steps to apply for a marriage license. A couple can apply for a marriage license through the Smith County Clerk.11
To begin the process, fill out the Application for Formal Marriage License (or an informal marriage application). This form is only one page and includes providing the applicant’s name and basic identifying information such as their address, social security number and date of birth. You must also indicate the city, state and county where each applicant was born.
You’re required to confirm that you are not behind on child support or currently married. If you were divorced, you cannot get remarried until 30 days after it was finalized. The sole exception is if you are marrying the person you divorced.
Once the application is complete, you can bring it to the Smith County Clerk’s Office at the address below:
Smith County Clerk
200 East Ferguson, Ste. 300
Tyler, Texas 75702
They are open Monday through Friday from 8:00 AM to 4:45 PM. When bringing in the application to finalize the marriage license, make sure you and your partner are both present. If one applicant cannot come into the office, then you must bring in a signed and notarized Absent Applicant Affidavit.
When you come in person you will have to provide government-issued identification that proves you are of legal age to get married (18) and to confirm your name. Acceptable identification includes a driver’s license, passport, Military ID or State ID. The fee for a marriage license is $82.00. A couple has the chance to reduce this fee to $22.00 if they both complete an approved premarital education course within a year of applying for a marriage license.13
The premarital education course can also waive the otherwise mandatory 72-hour period a couple must wait before they can legally wed. Otherwise, you can bypass the 72-hour waiting period if one of the parties to the marriage is on active duty in the armed forces or a waiver is provided by the judge.14
Once the license is issued, it is valid for 90 days before it expires. If you are unmarried on the 90th day, you will have to apply for a new marriage license. For additional questions, you can review the Smith County Clerk’s Marriage FAQ page or contact them at 903-590-4697.15
If you are ready to get married, you now have the steps and forms necessary to apply for a marriage license. You can also search both new and archived Smith County marriage records through the tools and official agencies outlined in this resource.
References
1Smith County, Texas. (n.d.). County clerk. Retrieved December 19, 2023, from <https://www.smith-county.com/government/elected-officials/county-clerk>
2Smith County, Texas. (n.d.). Public records search. Retrieved December 19, 2023, from <https://smith.tx.publicsearch.us/>
3Smith County, Texas. (2023, September 13). Application for a Certified Copy of Marriage License [PDF document]. Retrieved December 19, 2023, from <https://www.smith-county.com/home/showpublisheddocument/18492/638374698466770000>
4Smith County, Texas. (n.d.). Staff directory. Retrieved December 19, 2023, from <https://www.smith-county.com/government/staff-directory>
5Texas State Library and Archives Commission. (2023, June 15). Vital records FAQs. Retrieved December 19, 2023, from <https://www.tsl.texas.gov/arc/vitalfaq.html#Marriages>
6State Archives. (n.d.). Texas. Retrieved December 19, 2023, from <https://statearchives.us/texas.htm>
7Texas Department of State Health Services. (n.d.). Marriage and divorce records. Retrieved December 19, 2023, from <https://www.dshs.texas.gov/vital-statistics/marriage-divorce-records>
8Texas Online Vital Record Application System. (n.d.). Order vital records. Retrieved December 19, 2023, from <https://ovra.txapps.texas.gov/ovra/order-vital-records>
9Texas Department of State Health Services. (n.d.). Marriage and divorce indexes. Retrieved December 19, 2023, from <https://www.dshs.texas.gov/vital-statistics/marriage-divorce-records/marriage-divorce-indexes>
10Texas Department of State Health Services. (n.d.). Marriage and divorce FAQs. Retrieved December 19, 2023, from <https://www.dshs.texas.gov/vital-statistics/frequently-asked-questions/marriage-divorce-faqs>
11Smith County, Texas. (n.d.). Marriage licenses. Retrieved December 19, 2023, from <https://www.smith-county.com/government/elected-officials/county-clerk/vital-statistics/marriage-licenses>
12Smith County, Texas. (2022, April 6). Affidavit of Absent Applicant for Marriage License [PDF document]. Retrieved December 19, 2023, from <https://www.smith-county.com/home/showpublisheddocument/18251/638327010346070000>
13Twogether in Texas. (n.d.). FAQs. Retrieved December 19, 2023, from <https://twogetherintexas.com/UI/Faq.aspx>
14Smith County, Texas. (2023, August 18). Application for Waiver of Seventy-Tow Hour Waiting Period and Order [PDF document]. Retrieved December 19, 2023, from <https://www.smith-county.com/home/showpublisheddocument/18040/638284764922630000>
15Smith County, Texas. (n.d.). Marriage FAQ’s [PDF document]. Retrieved December 19, 2023, from <https://www.smith-county.com/home/showpublisheddocument/6387/636880780986800000>