View Full Version : Need procedure to marry an inmate in TX


diamondsgurl
08-09-2007, 05:45 PM
I'm not sure if I was clear in my last message. I am not in jail. However my fience is and he asked me to look into the marrage policy for TDC. If anyone has any information including costs they could give me it would be greatly appreciated. We have a 5 month old son togther and we don't want to wait any longer.

yogiritz
06-15-2009, 08:42 AM
I'm not sure if I was clear in my last message. I am not in jail. However my fience is and he asked me to look into the marrage policy for TDC. If anyone has any information including costs they could give me it would be greatly appreciated. We have a 5 month old son togther and we don't want to wait any longer.

Congrats on your decision to stand by your man. Texas prisons do not permit an inmate to get married at the unit. You will need to contact your local county clerk (marriage division) ask them for the proxy form to send to your fiance. He will have to fill it out/sign it and send you a certified copy of his birth certificate. Once you receive the needed items, you take them back to the county clerk's office and file for a marriage certificate. Price ranges from 30-45 depending on what county you are located at. Once the marriage certificate is given to you...go to one of the judges in the courthouse and have him marry you & fiance by proxy. The fee for the judge usually runs from 50-75 dollars. DO NOT CHANGE YOUR NAME UNTIL YOU GET YOUR FIRST VISIT ~ AS THIS WILL DELAY HIS VISIT WITH YOU BECAUSE YOU ARE LISTED UNDER YOUR CURRENT NAME. When you receive your copy of the marriage certificate in the mail, that is when you send "hubby" a copy. He will need to revise your name on his visitation list. You might have to fill out another visitation form. Hope this helps, good luck! I wish you both the best. I am currently trying to gather all the information/forms so that I can marry my fiance who is in North Carolina.

ShoesHappen
06-15-2009, 09:48 PM
Price ranges from 30-45 depending on what county you are located at.

Try over $70 in some counties.

mrscooper
06-15-2009, 10:01 PM
yes the cost just went up... But it sounds right, thats what you have to do,,, good luck and congrats.... keep us posted. Oh you can have someone stand in for him too if you want,,, a friend of mine got married by proxy and her husbands best friend stood in his place.

grmnclt_gurl
06-16-2009, 04:30 AM
Procedural "specifics" can differ from county to county (like some counties say that he can fill out the paper work and send it to you to bring in with you when you apply for the license, other counties say that you can not be in possession of that paper work at all- it needs to be sent directly to the county clerk and they will contact you when they have it for you to come and get your license)... My suggestion would be to call the county clerk that you are planning on marrying in and find out all the in's and out's for that county. Cost is another thing that does differ a little from county to county. Also keep in mind that you will have to take the person your hubby-to-be names as his proxy with you when you apply for your license. Hope this helps you out. There is also a "Sticky" in this forum on the proxy marriage process. CONGRATULATIONS!:thumbsup:

grmnclt_gurl
06-16-2009, 04:48 AM
DO NOT CHANGE YOUR NAME UNTIL YOU GET YOUR FIRST VISIT ~ AS THIS WILL DELAY HIS VISIT WITH YOU BECAUSE YOU ARE LISTED UNDER YOUR CURRENT NAME. When you receive your copy of the marriage certificate in the mail, that is when you send "hubby" a copy. He will need to revise your name on his visitation list. You might have to fill out another visitation form.

To My Knowledge- Most (if not all) of the units in TX will NOT allow the inmate to be in possession of the marriage certificate as it is a "form of identification" and thus is contraband. What you will probably need to do is when you get married request an additional "Certified Copy" of you marriage license to be sent along with your original copy. You will have to pay for this extra copy, I think mine was like $15. When you get them, put your original in a safety deposit box or someplace really safe like that. Call his unit and ask to speak to the head of the Classification Dept and tell them that you are sending a copy of your and your hubs ML to update your status on his visitors list to Wife. Get that person's name and when you send it with a short note with his TDC# and to jog their memory of your phone call send it delivery confirmation so you can call and follow up after you know it's been delivered (cuz we all know how TDC works). This should take care of updating you on his list. Once you change your name it's pretty much the same process and it's not considered as an official "change" on his visitor's list, it's updating information, so it won't affect if he wants to add anyone to his list after. Hope this help you.

RobinsMan
06-16-2009, 11:16 AM
A certified copy is just as good as the original for identification purposes so I would be surprised if there would be any more problem with an inmate having the original than having a copy though I can see no reason to send the original to them. I sent Robin a certified copy after we were married by proxy and she kept it with her the rest of her stay.

There is no need for the proxy (person standing in for the absent applicant) to be present when applying for the license. They only need be there for the ceremony. You cannot go straight away to get married after getting the license since you must first wait 3 days. After Robin and I were married I was told by the warden of her unit that she could not change our relationship to married herself (I had to submit the marriage certificate even thought Robin had a certified copy) but I don't know if that was just her interpretation of the rules or if it will apply at all units. This is a change or update to information about someone already on the visitation list and is not an addition or deletion of someone from the list so don't let anyone tell you that six months must have passed before you can make the change. That is just someone talking that doesn't know what they are talking about.

It is good advice to contact the county clerks office to learn their particular requirements. You might even call a few surrounding counties since some may be a bit cheaper or easier on requirments than others.

x4livin
06-16-2009, 06:42 PM
I married Bill through proxy on Thanksgiving. I am in Montague county. If you are not too far from here..I can walk you through it, and you don't need his ID or birth cert. PM me if you want specifics for here.

RlovesJ
06-17-2009, 04:23 PM
I sent Robin a certified copy after we were married by proxy and she kept it with her the rest of her stay.



I, too sent my husband his copy of the certificate. It went through the mailroom, and he didn't get called in for contraband.

jomikey2006
06-18-2009, 10:08 AM
I'm not sure if I was clear in my last message. I am not in jail. However my fience is and he asked me to look into the marrage policy for TDC. If anyone has any information including costs they could give me it would be greatly appreciated. We have a 5 month old son togther and we don't want to wait any longer.

You go to the County Court House and tell them that you want to apply for a marriage license, but your guy is in TDC. They will give you a paper for him to fill out stating why he can't be there with you. You will need his birth certificate also. Tell him to write you a statement saying why you need his birth certificate. If he is behind on child support and they find out you won't set a marriage license. He will fill that out and get it back to you and you take it to the court house ( or where ever you get your marriage license from) and for around 30-50 dollars you'll get it. Then you get a Justice of the Peace(or Priest, Rev. etc..) and someone to stand in proxy for your man, and they will say what he would have said. The Justice of the Peace will charge about 25-30 dollars. When you get your certificate back call the unit and ask how they want you to send it so they can make a copy and mail you back the original. Hope that helps.

purplerose212
06-18-2009, 10:52 AM
I married Gene by proxy last month. I live in Dallas County and the way it works in Dallas is you need a certified copy of his birth certificate for his I.D. unless you have his driver's license or I.D. I was able to print a copy of the form needed to get his birth certificate from the county he was born in which is Denton County, send it to him and he filled it out and went to the the law library and got a copy of his prison i.d. and mailed them both to me, I filled in my address for it to me mailed to me and mailed it off with a money order, had it back one week later. Then I had to go downtown to the county clerks office and fill out the marriage license application, and show our I.D.s and THEY send it to him to fill out for the proxy marriage and he sends it back to them, then when they received it and it was correct (they had to send it back for him to correct once) they called me to come in with our proxy stand in, her I.D., my I.D. and his birth certificate, pay the $71 and got our marriage license. Then I went to the J.P. of my choice and got married, it cost $50 for him, and he gave me 2 photo copies of the marriage license and put his seal on it for me to have while I waited for my original to come in the mail. Then the next day I went to see my hubby and took one of the copies with me and requested they change my visit to contact, which the warden approved. I left that copy there and then called the lady in inmate records that Monday to make sure she had received it and she had and she had already changed my relationship to wife. My next visit I had already changed my name but they had not changed my name on the computer but it was all good because I had my old license with my old name and my paper license with my new name, but I did call back on Monday and she changed my name. That is how it worked for me out of Dallas County. You will need to call the county you live in and ask what their procedure for a proxy marriage is.

RobinsMan
06-18-2009, 11:22 AM
... If he is behind on child support and they find out you won't set a marriage license. ...

This is NOT true. A marriage license will not be withheld if he is behind on child support. That question is asked on the application but an answer of "yes" will, as explicitly stated by law, not prevent a license from being issued.

Also, he must identify who will be his proxy (stand in) on the affidavit of absent applicant when he fills it out so it can't be just anyone that is handy when the time comes.

There is also no need to wait for the certificate to be returned to make copies if you take the original back to the county clerks office yourself once the marriage is performed. They can make you certified copies while you wait before they send it to be microfilmed which is what you must wait on for the original to be returned.

Again, each county can operate diffrerently. Robin and I were married in Harris county. I sent her the affidavit of absent applicant, not the county clerk, and I brought the filled out and signed affidavit to the county clerks office when I went to apply for the license. There was no requirement for them to send anything to her by mail or for her to return anything to them bymail. Of course, policy changes so even that might be different now. What is specifically required as proof of identification may vary. Harris county advertises that for Texas inmates they require a copy of their TDCJ ID as identification. Our experience is proof that not every TDC unit will be cooperative in allowing that to happen. I was told at first that a copy of the ID was the only acceptable proof. This was later overturned by someone not so wet behind the ears. Likewise, Texas law allows for other official documents to serve as proof of identity instead of a certified copy of a birth certificate but that does not keep any particular county clerks office from being obstinate. So, regardless of any of our individual experiences, the bottom line is that you must get the detailed information from the county clerks office of your county of choice for marriage.