Getting Hitched? A Guide to Marriage Licensing in the United States
Are you and your partner planning to tie the knot? One of the first steps to take is obtaining a marriage license.
This can be a confusing process, but don’t worry – we’re here to guide you through it. In this article, we’ll cover everything you need to know about marriage licensing in the United States, from the history of common-law marriage to the current regulations and requirements for obtaining a marriage license.
History of Common-Law Marriage
First, let’s take a look at the history of common-law marriage. This type of marriage was recognized in many states until the late 19th century, and in some states even later than that.
Common-law marriage refers to a union between two people who have lived together for an extended period of time and presented themselves as a married couple, without obtaining a formal marriage license or ceremony. However, today, common-law marriage is only recognized in a few states.
It’s important to note that just because you’ve lived together for a certain amount of time doesn’t necessarily mean that you’re automatically considered married under common-law marriage. To have a valid marriage through common law, there needs to be a mutual agreement to enter into the marriage, cohabitation, and holding themselves out as a married couple.
Current Federal and State Regulations on Marriage
Now, let’s talk about the current regulations on marriage. In the United States, marriage is generally regulated by both federal and state law.
Federal law recognizes the right to marry as a fundamental right, but it hasn’t established specific requirements for obtaining a marriage license. This means that each state is free to set its own regulations and requirements for marriage.
Most states require that applicants for a marriage license be of a certain age, which is typically 18. However, some states allow minors to obtain a marriage license with parental consent or in the case of pregnancy.
It’s important to note that some states may also have waiting periods between when you obtain your marriage license and when you can actually get married, so be sure to check your state’s requirements before planning your wedding.
Common Questions About Marriage Licensing
Applying for a Marriage License
Some of the most common questions about marriage licensing include those related to applying for a marriage license, obtaining a copy of your marriage certificate, and the cost of obtaining a marriage license. First, to apply for a marriage license, you will typically need to present identification, such as a driver’s license or passport, and possibly other documents, such as a birth certificate.
Cost of a Marriage License
The cost of a marriage license varies depending on the state and county, but it’s generally in the range of $20 to $100.
Obtaining a Copy of Your Marriage Certificate
Once you’re married, you’ll want to obtain a copy of your marriage certificate. This document serves as legal proof of your marriage and is often required for things like changing your last name, updating your insurance policies, and applying for joint credit accounts. You can usually obtain a copy of your marriage certificate from the county clerk’s office or other government agencies, and there may be a fee for obtaining a copy.
Marriage License Process
Eligibility to Marry
First and foremost, it’s important to make sure that you and your partner are authorized to marry. This means that you both have informed consent to enter into the marriage and that there are no mental disabilities, addictions, or other issues that could impact your ability to legally consent to the marriage.
Additionally, most states prohibit marriages between close relatives, such as siblings or first cousins.
Termination of Current Marriages
If either you or your partner has been married previously, you will need to show proof that the previous marriage has been terminated through divorce, annulment, or death. This is to ensure that you’re not already legally married to someone else, which would make your new marriage illegal in most states.
Be prepared to present documentation of the termination of your previous marriage when applying for a marriage license.
Establishing Identity
When you apply for a marriage license, you will need to establish your identity by presenting one or more forms of identification, such as a driver’s license, passport, or birth certificate. You may also need to provide your Social Security Number, as this is often required for legal documentation.
Where to Obtain a Marriage License
Marriage licenses are typically obtained from the county court or clerk of court in the county where you plan to get married. However, some states may allow you to obtain a license from an outside agency or vendor, such as a wedding chapel or online service.
Be sure to research the specific requirements for your state and county before applying for a marriage license.
Waiting Periods for Marriage Licenses
Finally, depending on your state and county, there may be a waiting period between when you obtain your marriage license and when you can actually get married. During this waiting period, the county clerk’s office will usually conduct a records search to verify that there are no legal obstacles to your marriage.
After your marriage ceremony, be sure to request multiple copies of your signed marriage license to ensure that you have a backup in case the original is lost or damaged.
In conclusion, obtaining a marriage license is an important step in the process of getting married. Understanding the requirements and regulations for obtaining a marriage license will help ensure that your marriage is legal and recognized by the state. Remember to check with your state and county for specific requirements, and don’t hesitate to ask questions if you’re unsure about any aspect of the process.
Congratulations, and best of luck on your journey to wedded bliss!
State-Specific Marriage License Requirements
Getting a marriage license is an exciting and important step in your journey to tying the knot. However, it’s important to note that each state has its own specific requirements for obtaining a marriage license.
In this section, we’ll take a closer look at the requirements for getting a marriage license in several different states, including Alaska, Delaware, Florida, Illinois, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, South Carolina, Texas, Washington, Wisconsin, and Wyoming.
- Alaska: When applying for a marriage license in Alaska, there is a mandatory 3-business day waiting period before the license can be issued. This means that you must apply at least 3 days before your wedding date. The license is valid for 90 days after it is issued.
- Delaware: If you plan on getting married in Delaware, you must wait at least 24 hours after obtaining your marriage license before getting married. Nonresidents are also allowed to get married in Delaware, but must apply for a marriage license in the county where they will be getting married.
- District of Columbia: In the District of Columbia, there is a 5-day waiting period after you obtain your marriage license before you can get married. The license is valid for 6 months after it is issued.
- Florida: In Florida, there is no waiting period for residents who complete a marriage preparation course. However, Florida residents who have not completed a course must wait at least 3 days before getting married. Out-of-state residents can apply for a marriage license in Florida, but must show proof of completing a premarital course.
- Illinois: If you plan on getting married in Illinois, there is a 24-hour waiting period after you obtain your marriage license before you can get married. The license is valid for 60 days after it is issued.
- Iowa: Iowa has a 3-business day waiting period after you obtain your marriage license before you can get married. The license is valid for 6 months after it is issued.
- Kansas: There is a 3-day waiting period after you obtain your marriage license before you can get married in Kansas. The license is valid for 6 months after it is issued.
- Louisiana: In Louisiana, there is a mandatory 72-hour waiting period after you obtain your marriage license before you can get married. However, there is a New Orleans exception that allows couples to waive the waiting period if they obtain a waiver from a judge. The license is valid for 30 days after it is issued.
- Maryland: If you plan on getting married in Maryland, there is a 48-hour waiting period after you obtain your marriage license before you can get married. The license is valid for 6 months after it is issued.
- Massachusetts: Massachusetts has a 3-day waiting period after you obtain your marriage license before you can get married. The license is valid for 60 days after it is issued.
- Michigan: There is a 3-day waiting period after you obtain your marriage license before you can get married in Michigan. The license is valid for 33 days after it is issued.
- Minnesota: If you plan on getting married in Minnesota, there is a 5-day waiting period after you obtain your marriage license before you can get married. The license is valid for 6 months after it is issued.
- Mississippi: There is no waiting period for obtaining a marriage license in Mississippi. The license is valid for 30 days after it is issued.
- Missouri: If you plan on getting married in Missouri, there is a mandatory 3-day waiting period after you obtain your marriage license before you can get married. The license is valid for 30 days after it is issued.
- New Hampshire: In New Hampshire, there is a 3-day waiting period after you obtain your marriage license before you can get married. The license is valid for 90 days after it is issued.
- New Jersey: There is a mandatory 72-hour waiting period after you obtain your marriage license before you can get married in New Jersey. The license is valid for 30 days after it is issued.
- New York: If you plan on getting married in New York, there is a 24-hour waiting period after you obtain your marriage license before you can get married. The license is valid for 60 days after it is issued.
- Oregon: Oregon has a 3-day waiting period after you obtain your marriage license before you can get married. The license is valid for 60 days after it is issued.
- Pennsylvania: In Pennsylvania, there is a 3-day waiting period after you obtain your marriage license before you can get married. The license is valid for 60 days after it is issued.
- South Carolina: If you plan on getting married in South Carolina, there is a mandatory 24-hour waiting period after you obtain your marriage license before you can get married. The license is valid for 60 days after it is issued.
- Texas: Texas has a mandatory 72-hour waiting period after you obtain your marriage license before you can get married. The license is valid for 90 days after it is issued.
- Washington: In Washington, there is a 3-day waiting period after you obtain your marriage license before you can get married. The license is valid for 60 days after it is issued.
- Wisconsin: Wisconsin has a 6-day waiting period after you obtain your marriage license before you can get married. The license is valid for 30 days after it is issued.
- Wyoming: There is no waiting period for obtaining a marriage license in Wyoming. The license is valid for one year after it is issued.
In conclusion, it’s important to note that each state has its own specific regulations and requirements for obtaining a marriage license. Before you apply, make sure to research the requirements for your state and county to ensure that your marriage ceremony goes smoothly and is legally recognized.
Happy planning!
In conclusion, obtaining a marriage license is an important step in the process of getting married in the United States. Understanding the specific regulations and requirements for obtaining a marriage license in your state and county is essential to ensure that your marriage is legal and officially recognized.
From the history of common-law marriage to the current regulations and requirements for obtaining a marriage license, we have covered all the key aspects of the process in this article. So, be sure to take the time to research your state and county’s requirements, complete any necessary pre-marriage courses, and follow the waiting periods, if required.
With the knowledge of your state’s requirements, you’ll be sure to start your life together on the right foot. Congratulations on your upcoming wedding!
