From ‘Yes’ to ‘I Do’: A Comprehensive Guide to Getting Your Marriage License in the USA
Congratulations! You’re engaged and ready to embark on the beautiful journey of marriage. Amidst the excitement of planning the wedding, choosing the venue, and sending out invitations, it’s crucial not to overlook a fundamental step: obtaining a marriage license. This document is your official permission to wed and is a legal requirement in all states across the USA. While the process is relatively straightforward, the specifics can vary significantly from state to state, and even county to county. This comprehensive guide will walk you through everything you need to know about getting a marriage license in the USA, ensuring you’re well-prepared and avoid any last-minute hiccups.
## Why is a Marriage License Necessary?
A marriage license serves as a legal record that you and your partner are eligible to marry. It verifies that you meet the age requirements, are not already married to someone else (bigamy is illegal), and are not closely related (incest laws vary by state). Without a valid marriage license, your marriage is not legally recognized, which can lead to complications with taxes, insurance, inheritance, and other legal matters.
## General Steps to Getting a Marriage License
While the exact requirements differ depending on your location, here’s a general overview of the steps involved in obtaining a marriage license:
1. **Research Requirements:** This is the most crucial step. Don’t assume that the process is the same everywhere. Start by researching the specific requirements of the state and county where you plan to get married. You can typically find this information on the county clerk’s or health department’s website. Look for details about:
* **Identification Requirements:** What forms of identification are accepted? (Driver’s license, passport, birth certificate, etc.)
* **Residency Requirements:** Do you need to be a resident of the state or county?
* **Age Requirements:** Are there minimum age requirements? What are the parental consent requirements if either applicant is under 18?
* **Waiting Period:** Is there a waiting period between applying for and receiving the license?
* **Expiration Date:** How long is the marriage license valid?
* **Blood Tests:** Are blood tests required (they are increasingly rare but still exist in some jurisdictions)?
* **Fees:** What is the cost of the marriage license? What forms of payment are accepted?
* **Divorce Decree:** If either applicant has been divorced, do you need to bring a copy of the divorce decree?
* **Social Security Number:** Is providing a social security number required?
* **Online Application:** Can you start the application process online?
2. **Gather Required Documents:** Once you know the requirements, gather all the necessary documents. This typically includes:
* **Valid Photo Identification:** Driver’s license, passport, or state-issued ID card.
* **Proof of Age:** Birth certificate.
* **Social Security Card (or Number):** Although some jurisdictions don’t require the physical card, you’ll often need to provide the number.
* **Divorce Decree (if applicable):** Certified copy of the divorce decree or annulment papers.
* **Death Certificate (if applicable):** If either applicant is a widow or widower.
* **Parental Consent (if applicable):** If either applicant is under the legal age to marry without consent.
* **Blood Test Results (if required):** Although rare, check if required in your specific location.
3. **Complete the Application:** Most counties require both applicants to appear in person at the county clerk’s office to complete the application. Some counties allow you to start the application process online, which can save time when you visit the office. The application will typically ask for:
* Full legal names of both applicants.
* Addresses of both applicants.
* Dates and places of birth of both applicants.
* Social Security numbers of both applicants.
* Parents’ names (including mother’s maiden name).
* Number of previous marriages (if any).
* How the most recent marriage ended (divorce, death, etc.).
4. **Pay the Fee:** There is a fee associated with obtaining a marriage license. The amount varies by state and county, but it’s typically between $30 and $150. Be sure to check what forms of payment are accepted (cash, check, credit card).
5. **Receive the Marriage License:** Once you’ve completed the application and paid the fee, you’ll receive your marriage license. Make sure to carefully review the information on the license to ensure it’s accurate.
6. **Officiate the Ceremony:** After receiving your marriage license, you are clear to hold the marriage ceremony.
7. **Return the Signed License:** After the ceremony, the marriage license must be signed by you, your partner, and the officiant (the person who performed the ceremony). You are then responsible for returning the signed license to the county clerk’s office within the specified timeframe (usually within a few days or weeks). This officially records your marriage.
8. **Receive Your Marriage Certificate:** Once the county clerk’s office receives the signed marriage license, they will record it and issue a marriage certificate. This is the official proof of your marriage, and you’ll need it for legal purposes such as changing your name, updating your driver’s license, and filing taxes.
## State-by-State Guide: Key Considerations
While the general steps are similar, the specific requirements for obtaining a marriage license can vary significantly from state to state. Here are some key considerations for a few selected states, meant to illustrate the diversity of requirements:
* **Alabama:** Both applicants must be at least 18 years old to marry without parental consent. If either applicant is 16 or 17, they need parental consent and a judge’s approval. Blood tests are not required. Alabama is one of the few states where probate judges issue marriage licenses.
* **California:** No residency requirement. Both applicants must appear in person. There is no waiting period after the license is issued. The license is valid for 90 days.
* **Florida:** No residency requirement. There is a 3-day waiting period between the issuance of the license and the ceremony. However, this waiting period can be waived if you complete a premarital course registered with the state. The license is valid for 60 days.
* **Georgia:** Both applicants must be at least 18 years old to marry without parental consent. If either applicant is 16 or 17, they need parental consent. No blood tests are required. The license is valid for six months.
* **Hawaii:** No residency requirement. Both applicants must appear in person. The license is valid for 30 days.
* **Illinois:** Both applicants must be at least 18 years old to marry without parental consent. If either applicant is 16 or 17, they need parental consent and court approval. There is a one-day waiting period after the license is issued. The license is valid for 60 days.
* **Kentucky:** Both applicants must be at least 18 years old to marry without parental consent. Applicants 16 or 17 years of age may marry with consent of parents or guardian, and a court order. No blood tests are required. The license is valid for 30 days.
* **Louisiana:** Both applicants must be at least 18 years old to marry without parental consent. If either applicant is 16 or 17, they need parental consent and court approval. There is a 72-hour waiting period after the license is issued, which can be waived by judicial order. The license is valid for 30 days.
* **Maine:** No residency requirement. A marriage intention form needs to be completed by both parties. There is no waiting period after the license is issued. The license is valid for 90 days.
* **Maryland:** No residency requirement. There is a 2-day waiting period. The license is valid for six months from the date of issuance.
* **Massachusetts:** Applicants file an intention of marriage in the city or town where either resides. The license is valid for 60 days from the date of filing the intention.
* **Michigan:** Both applicants must be at least 18 years old to marry without parental consent. If either applicant is 16 or 17, they need parental consent and a court order. There is a 3-day waiting period after the license is issued. The license is valid for 33 days.
* **Minnesota:** No residency requirement. There is no waiting period after the license is issued. The license is valid for six months. Applicants may be asked to complete a premarital education program.
* **Mississippi:** Both applicants must be at least 17 years old to marry. Applicants under 21 must have parental consent. The license is valid for 30 days.
* **Missouri:** Both applicants must be at least 18 years old to marry without parental consent. If either applicant is 16 or 17, they need parental consent. The license is valid for 30 days.
* **Montana:** No residency requirements. No waiting period. The license is valid for 180 days.
* **Nebraska:** Both applicants must be at least 17 years old to marry with parental consent. No waiting period. The license is valid for one year.
* **Nevada:** No residency requirement. No waiting period. The license is valid for one year.
* **New Hampshire:** No residency requirements. A license is valid for 90 days from the date of application.
* **New Jersey:** No residency requirements. There is a 72-hour waiting period after applying. The license is valid for 30 days from issuance.
* **New Mexico:** No residency requirement. The license is valid immediately and does not expire.
* **New York:** Both applicants must be 18 years or older to marry without parental consent. There is a 24-hour waiting period. The license is valid for 60 days.
* **North Carolina:** No residency requirements. No waiting period. The license is valid for 60 days.
* **North Dakota:** Both applicants must be 18 years or older. There is no waiting period. The license is valid for 60 days.
* **Ohio:** No residency requirements. No waiting period. The license is valid for 60 days.
* **Oklahoma:** Both applicants must be at least 18 years old to marry without parental consent. Parental consent is required for those 16-17 years old. No waiting period. The license is valid for 10 days.
* **Oregon:** No residency requirements. There is a 3-day waiting period. The license is valid for 60 days.
* **Pennsylvania:** No residency requirement. No waiting period. The license is valid for 60 days.
* **Rhode Island:** No residency requirement. No waiting period. The license is valid for 60 days.
* **South Carolina:** Both applicants must be 18 years or older to marry without parental consent. There is a 24-hour waiting period. The license is valid until used.
* **South Dakota:** Both applicants must be 18 years or older to marry without parental consent. No waiting period. The license is valid for 20 days.
* **Tennessee:** Both applicants must be 18 years or older to marry without parental consent. Parental consent is required for those 16-17 years old. There is no waiting period. The license is valid for 30 days.
* **Texas:** Both applicants must be 18 years or older to marry without parental consent. Parental consent is required for those 16-17 years old. There is a 72-hour waiting period, unless waived by court. The license is valid for 90 days.
* **Utah:** Both applicants must be 18 years or older to marry without parental consent. Parental consent is required for those 16-17 years old. No waiting period. The license is valid for 30 days.
* **Vermont:** No residency requirement. No waiting period. The license is valid for 60 days.
* **Virginia:** Both applicants must be 18 years or older to marry without parental consent. Parental consent is required for those 16-17 years old. No waiting period. The license is valid for 60 days.
* **Washington:** No residency requirement. No waiting period. The license is valid for 60 days.
* **West Virginia:** Both applicants must be 18 years or older to marry without parental consent. Parental consent is required for those 16-17 years old. No waiting period. The license is valid for 60 days.
* **Wisconsin:** Both applicants must be 18 years or older to marry without parental consent. Parental consent is required for those 16-17 years old. No waiting period. The license is valid for 30 days.
* **Wyoming:** Both applicants must be 18 years or older to marry without parental consent. Parental consent is required for those 16-17 years old. No waiting period. The license is valid for one year.
**Disclaimer:** *This is not an exhaustive list, and laws can change. Always verify the current requirements with the county clerk’s office in the specific location where you plan to obtain your marriage license.*
## Common Mistakes to Avoid
* **Waiting until the last minute:** Don’t wait until the week before your wedding to apply for your marriage license. Give yourself plenty of time in case you need to gather additional documents or if there’s a waiting period.
* **Assuming you know the requirements:** As mentioned earlier, requirements vary widely. Don’t assume that the process is the same as it was in a different state or even a different county.
* **Failing to bring the correct documents:** Make sure you have all the required documents before you go to the county clerk’s office. This will save you time and prevent unnecessary trips.
* **Making errors on the application:** Carefully review the application before you submit it to ensure that all the information is accurate. Any errors could delay the process.
* **Not returning the signed license on time:** It is crucial to return the signed marriage license to the county clerk’s office within the specified timeframe. Failure to do so could invalidate your marriage.
## Special Circumstances
* **Underage Applicants:** If either applicant is under the legal age to marry without parental consent (usually 18), they’ll need to obtain parental consent. The specific requirements for parental consent vary by state and may involve a court order.
* **Applicants Who Have Been Divorced:** If either applicant has been divorced, they’ll need to provide a certified copy of their divorce decree or annulment papers. Some states may have waiting periods after a divorce before a person can remarry.
* **Applicants Who Are Not U.S. Citizens:** If either applicant is not a U.S. citizen, they may need to provide additional documentation, such as a passport, visa, or immigration documents. It’s best to check with the county clerk’s office or an immigration attorney for specific requirements.
* **Same-Sex Marriage:** Same-sex marriage is legal in all states in the USA. However, it’s still a good idea to confirm that the county clerk’s office is familiar with the requirements for issuing marriage licenses to same-sex couples.
* **Proxy Marriages:** In a proxy marriage, one or both of the applicants are not physically present at the ceremony. Proxy marriages are only legal in a few states, and they typically require special circumstances, such as military deployment.
* **Cousin Marriages:** Laws regarding marriage between cousins vary greatly from state to state. Some states prohibit it entirely, others allow it only under certain conditions (e.g., if the couple is beyond first cousins), and some have no restrictions. If you and your partner are related, be sure to research the specific laws in your state.
## Helpful Resources
* **County Clerk’s Office:** The county clerk’s office is your primary resource for information about obtaining a marriage license. You can find their contact information online.
* **State Department of Health:** The state department of health may also have information about marriage license requirements.
* **Legal Aid Organizations:** If you have any legal questions or concerns, you can contact a legal aid organization for assistance.
* **Wedding Planning Websites:** Many wedding planning websites offer helpful information about marriage licenses.
## Final Thoughts
Getting a marriage license is a relatively simple process, but it’s essential to do your research and follow the requirements of your specific location. By being prepared and avoiding common mistakes, you can ensure that this step of your wedding planning goes smoothly, allowing you to focus on the joy and excitement of your upcoming marriage. Remember to celebrate this special time in your life, and congratulations again on your engagement!