Getting Married While Your Partner Is in Victoria County Jail: The 72-Hour Waiver Process
Texas requires a 72-hour waiting period after you get your marriage license—but Victoria County has a straightforward process for getting a judge to waive it. Here's how the 72-hour waiver works and exactly what steps to take in Victoria County.
Under Texas Family Code Section 2.204, you generally can't have your marriage ceremony until 72 hours after the license is issued. But the law carves out several exceptions. The waiting period doesn't apply if an applicant is on active duty in the U.S. armed forces, works for the U.S. Department of Defense (as an employee or contractor), has completed an approved premarital education course like "Twogether in Texas" within the past year and provides the certificate to the county clerk, or obtains a written waiver from a judge permitting the ceremony during that 72-hour window.
Not just any official can sign this waiver - it has to come from the right judicial officer. In Victoria County, you can request a waiver from a judge with jurisdiction in family law cases, a county judge, a judge of a court of appeals, a justice of the Texas Supreme Court, or a judge of the Texas Court of Criminal Appeals. The judge decides whether you've shown "good cause." If so, they sign the waiver.
Note: When good cause is found, the order is signed and dated by the judge and reflects the court’s approval to marry during the 72-hour period after the license is issued.
- Pick up the waiver order form from the County Clerk - Start by obtaining the “Order Permitting Marriage During 72 Hour Waiting Period” from the Victoria County Clerk’s Office.
- Take the order to the District Clerk’s Office to be directed to a judge - Bring the order to the District Clerk’s Office on the 3rd floor of the Victoria County Courthouse at 115 N. Bridge St., Victoria, TX 77901. From there, you’ll be directed to a District Judge.
- Bring the signed order when you apply for the marriage license - After the judge signs the order, take the signed “Order Permitting Marriage During the 72 Hour Waiting Period” back to the County Clerk’s Office when you obtain your marriage license. Present it to the Deputy County Clerk issuing the license so the deputy can note the 72-hour waiver on the license (this note helps inform the person performing the ceremony).
- ✓ Victoria County Clerk’s Office (questions about the 72-hour waiver process): 361-575-1478
Once approved, the "Order Permitting Marriage During 72 Hour Waiting Period" is simple: it states that your application is approved and grants permission to marry during the 72 hours after your license is issued. The judge signs and dates it. When you go to get your marriage license, bring the signed order and give it to the Deputy County Clerk so they can note the waiver on your license.
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