Frequently Asked Questions
Miscellaneous Questions
Where do I pay my taxes?
Taxes are paid in the Tax Assessor-Collector's Office.
Where are divorces filed?
Divorces are filed in the District Clerk's Office.
Can you tell me who the owner of a particular piece of property is?
No, the County Clerk's Office does not keep up with ownership of property. You may want to contact the Tax Assessor-Collector or the Orange County Appraisal District to find out who the tax payer is. More often than not, the tax payer ends up being the owner. The Orange County Appraisal District has a website that allows you to search property online.
How do I start a new business? Don't I need a business license from your office?
The only aspect regarding businesses that the County Clerk handles is filing the Assumed Business Name (registering your business name with the County). The Assumed Business Name Forms can be found on our forms page. Beyond that, you are encouraged to visit this website, which is hosted by the Office of the Governor of Texas:
http://governor.state.tx.us/ecodev/business_resources/sba/
This website is very helpful in pointing you in the right direction. The County Clerk does not issue business licenses or permits.
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General Recording
Why don’t you have my birth
certificate? I was born in Orange County.
If you were born within
the limits of the City of Orange, then your birth certificate will likely be
filed with the Orange City
Hall (409)886-3611. If you were born
outside the city limits of Orange, but within Orange County, your record should
be filed with our office.
You may also get a copy of a birth certificate
from the State of Texas Bureau of Vital Statistics web site at this address:
http://www.texasonline.state.tx.us/tolapp/ovra/
Why don’t you have my relative’s death certificate? They passed
away in Orange County.
If they passed away within the limits of the City
of Orange, then their death record should be filed with the Orange City Hall (409)886-3611. If they passed away outside the city limits
of Orange, but within Orange County, then the record should be filed with our
office. Sometimes a person isn’t actually pronounced deceased until
they’ve been taken to a nearby hospital in the next county. If this has
happened, then the death record will be filed in that county.
You may
also get a copy of a death certificate from the State of Texas Bureau of Vital
Statistics web site at this address: http://www.texasonline.state.tx.us/tolapp/ovra/
What are
your requirements for recording a document in the Official Public Records of
Real Property for Orange County?
Your document must be the original or a
certified copy.
There must be a title at the top.
If it’s a Deed, the
grantee’s address must be listed.
If it’s a Deed of Trust, the trustee or
beneficiary’s address must be listed.
The signatures must be
original.
There must be an original notary acknowledgment.
The property
must be located in Orange County.
We do not require any space at the top or
bottom for filing info.
The fee is $16.00 for the first page and $4.00 for
each additional page.
Who has access to Birth and Death
Records and how can someone get a copy?
Birth Records older than 75 years
and Death Records older than 25 years are open to public viewing. All
others are closed to the public. You may purchase a certified copy of
these records if you are one of the following: a legal representative, personal
representative or agent, an immediate family member, or the registrant who has a
direct and tangible interest in the record and who shall have a significant
legal relationship to the person whose record is requested. The purpose
for which the certified copy is needed and the relationship of the applicant is
essential to the application to determine if the applicant is properly
qualified. The fee for a copy of a Birth Record is $23.00 each. The
fee for a copy of a Death Record is $21.00 for the first copy and $4.00 for each
additional copy. You must fill out the Application for Birth or Death
Certificate, which is located here. Send in the completed form, a
copy of your Driver’s License for identification and the fee to the address
printed on the application.
You may also get a
copy of a birth or death certificate from the State of Texas Bureau of Vital
Statistics web site at this address: http://www.texasonline.state.tx.us/tolapp/ovra/
How can I get a copy of my deed?
Please have as much of
the following information as possible when requesting a copy to speed up
processing: grantee’s name, grantor’s name, file date and physical address (if
applicable). Copies are $1.00 per page. If you need a certified
copy, add $5.00 per document to that fee. To find out the exact cost of the
copy, please call or e-mail us. We
must have payment in advance in order to make a copy.
You may now perform your own search and print your documents online at no charge. Click here to go to our online search page and choose "Official Public Records" to search for your deed.
When should I renew my
brand?
Marks and brands must be renewed every 10 years regardless of when
you initially apply for them. Everyone has to renew at the same time. The
next renewal will be September 1, 2011. The filing fee for a brand is
$16.00.
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Marriage Licenses
Why don’t you have the marriage record I’m looking for? They were married in Orange County.
A Marriage License issued in Texas can be used in any other county in Texas. So if a person is married in Orange County, this doesn’t necessarily mean their marriage license will be on file in Orange County. If they purchased their license in a different county, then you will have to go to the county they purchased it in to get a copy.
You may also get a verification of marriage from the State of Texas Bureau of Vital Statistics web site at this address: http://www.texasonline.state.tx.us/tolapp/ovra/
What are the requirements for getting a marriage license?
Both applicants should come in together when applying. If one of the applicants can’t make it, they will need to obtain an Absent Applicant Form (refer to the question regarding the Absent Applicant Form on this page). You will need to bring an original State or Federally issued identification that shows your date of birth (Driver’s License, State ID, etc.) or a certified copy of your birth record. If your name has changed, the identification you present must state your correct, legal name. You cannot tell us that your name is something different from the ID that you present to us. We will ask you what your Social Security Number and place of birth are, but you do not need to provide proof of these. You should be over 18 years old. If you are under 18, you will need a parent or guardian to sign a consent form (refer to the question regarding underage marriage on this page). The license is $72.00 cash only. If you are divorced, your divorce must be final for over 30 days before getting a new marriage license (unless you’re remarrying the same person you just divorced). Refer to the question regarding waiver of the 30-day waiting period on this page. There will be a 72-hour waiting period before you can use your marriage license after the date we issue it to you. Refer to the question regarding waiver of the 72-hour waiting period on this page. Texas does not require a blood test to be conducted on the marriage license applicants. The license is valid for 30 days and may be used anywhere in the State of Texas. If you wait longer than 30 days to use it, you must purchase another one.
What if we both can’t come in together to get the marriage license?
If one of the applicants is unable to appear when obtaining the marriage license, you will need to obtain an Absent Applicant Form. This form is available on our forms page. If the applicant is currently incarcerated in a Texas Department of Criminal Justice Unit, please use the form titled “Marriage License TDCJ Absent Applicant Form”. Otherwise, use the other one. This form is to be filled out by the applicant who cannot appear and his or her signature must be notarized. You must present both this form and the absent applicant’s original identification when obtaining the marriage license.
I’m under 18, can I apply for a marriage license?
You may apply for a marriage license as young as 16 years old. If you are under 18, however, you must have your parent or guardian present with you when you apply. You will need to bring a certified copy of your birth record for identification and your parent or guardian will need to have some form of State or Federally issued identification as well. Your parent or guardian will be signing a document swearing that they are your legal parent or guardian and that they give their consent for you to be married.
Can a church official from another state or country conduct my marriage?
Yes, as long as they are a licensed or ordained minister or priest, Jewish rabbi or person authorized by a religious organization to conduct a marriage ceremony.
Can I get a marriage license if my fiancé(e) is currently in jail or prison?
Yes, you can use the Absent Applicant Form for the person who is in jail or prison. Refer to the question regarding the Absent Applicant Form on this page.
What if we want to get married, but 30 days haven’t passed since my divorce was final?
If your divorce decree doesn’t already waive the 30-day waiting period, you will need to get a judge to order the waiver. You automatically do not have to wait 30 days if you are getting remarried to the same person you just got a divorce from. If the waiting period was waived in your divorce decree, please provide a certified copy of your divorce decree for proof.
What if we don’t want to wait 72 hours before we get married?
You can get the 72-hour waiting period waived by a judge’s order. If you are in active military or work for the U.S. Department of Defense, the waiting period is automatically waived for you. Please provide us with proof of your active military status or employment with the U.S. Department of Defense when applying for your marriage license so we can make the appropriate notation on your marriage license. If you’ve obtained an order from a judge to waive the waiting period, please bring the order with you.
We lost our marriage license before we got married. Can we get another one?
Yes, you may receive a duplicate of your marriage license. The cost will be $12.50. You may not, however, obtain a duplicate marriage license once you've returned the original license to our office for filing (after you're married). At that point, you may only obtain a copy or a certified copy of what we have on file.
How do we obtain a Common Law Marriage Certificate?
A Common Law Marriage Certificate is called a Declaration of Informal Marriage in the County Clerk’s Office. This is applied for in much the same way as a Marriage License, however, you cannot use the Absent Applicant Form when applying for a Declaration of Informal Marriage. Both applicants must come in together when applying. You will need to bring an original State or Federally issued identification that shows your date of birth (Driver’s License, State ID, etc.) or a certified copy of your birth record. If your name has changed, the identification you present must state your correct, legal name. You cannot tell us that your name is something different from the ID that you present to us. We will ask you what your Social Security Number and place of birth are, but you do not need to provide proof of these. You must be over 18 years old. The certificate is $37.00 cash only. You will also need to provide a date that you began living together as a married couple.
Can I apply for a Declaration of Informal Marriage if I’m under 18 years old?
No. A Declaration of Informal Marriage can only be applied for by persons 18 years of age or older.
How do I get a copy of a marriage license?
You may either come into our office to obtain a copy or mail a request. Please have as much of the following information as possible when requesting a copy to speed up processing: groom’s name, bride’s name and marriage date. Copies are $1.00 per page. If you need a certified copy, add $5.00 per document to that fee. To find out the exact cost of the copy, please call or e-mail us. We must have payment in advance in order to make a copy. Marriage Licenses have sensitive, personal information on them, so in order to obtain a copy, you must fill out a copy request form located on the forms page. Due to identity theft issues, we must have your name, relationship to the person on the record and your reason for obtaining the copy along with a copy of your Driver’s License.
You may also get a verification of marriage from the State of Texas Bureau of Vital Statistics web site at this address: http://www.texasonline.state.tx.us/tolapp/ovra/
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Civil, Probate & Criminal
What is the jurisdiction for filing a Civil suit in your court?
County Court at Law hears Civil cases that are worth $500 through $100,000.
I need to reset my hearing date, can you do that for me?
No, you need to contact the Court Coordinator in the Judge's office.
Can I get a Criminal background check on myself or someone else?
Our office handles Misdemeanor Criminal cases and these files are open to the public. This means you may obtain a background check on yourself or someone else. There is a $5.00 charge per name searched in our database.
How do I get a copy of a Civil, Probate or Criminal case?
You may either come into our office to obtain a copy or mail a request. Please have as much of the following information as possible when requesting a copy to speed up processing: style of the case, case number and file date. Copies are $1.00 per page. If you need a certified copy, add $5.00 per case to that fee. If you have the case number, you may view and print your own copies here.
Can I get a copy of someone’s Will even if I’m not a relative?
Yes. Wills are a part of the Probate records, which are open to the public. You do not need to be a relative nor an interested party to obtain a copy. Copies are $1.00 per page. If you need a certified copy, add $5.00 per document to that fee. If you have the case number, you may view and print your own copies here.
