Section 2.007 – Affidavit Of Absent Applicant

May 14, 2021 | Family Law, Texas

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 presently married and 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;
(D) a son or daughter of a brother or sister, of the whole or half blood or by adoption;
(E) a current or former stepchild or stepparent; or
(F) a son or daughter of a parent’s 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) the appointment of any adult, other than the other applicant, to act as proxy for the purpose of participating in the ceremony, if the absent applicant is:

(A) a member of the armed forces of the United States stationed in another country in support of combat or another military operation; and
(B) unable to attend the ceremony.

Tex. Fam. Code ยง 2.007

Amended by Acts 2013, 83rd Leg. – Regular Session, ch. 650,Sec. 2, eff. 9/1/2013.
Amended By Acts 2005, 79th Leg., Ch. 268, Sec. 4.07, eff. September 1, 2005.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.