Learn About Getting a Marriage License

Understanding What a Marriage License Is and Why You Need One

A marriage license is a legal document issued by a government agency that gives you permission to marry. Before two people can have a legally recognized wedding ceremony, they must obtain this license from the appropriate government office in their state or county. The marriage license serves as official proof that the marriage has been authorized by the government and meets all legal requirements.

Every U.S. state requires couples to get a marriage license before the wedding ceremony takes place. This requirement has been in place for more than a century and exists for several important reasons. First, it creates an official record of the marriage. These records are kept by the government and can be used for legal purposes, such as changing names, updating insurance policies, or establishing inheritance rights. Second, the license requirement protects both people by ensuring they meet certain legal conditions, such as being of legal age and not already married to someone else.

The marriage license is different from a marriage certificate. The license is what you obtain before the wedding. The marriage certificate is the official document you receive after the ceremony, signed by the officiant who performed the wedding. The certificate proves that the marriage actually took place and is recognized by the government. You'll use your marriage certificate for many purposes throughout your life, including updating your driver's license, passport, Social Security records, bank accounts, and employment files.

According to the Centers for Disease Control and Prevention, over 2 million marriage licenses were issued in the United States in 2019, the most recent year with complete national data. This shows just how common this process is for people getting married.

Practical Takeaway: Before planning your wedding ceremony, understand that obtaining a marriage license is a separate step from the ceremony itself. You'll need to complete this legal requirement several weeks before your wedding date. Contact your county clerk's office or local vital records office to learn about the specific process in your location.

State-by-State Variations in Marriage License Requirements

Marriage license requirements are not the same across all states. While every state requires a marriage license, the specific rules about age requirements, waiting periods, blood tests, and other conditions vary considerably. This means that even if you've been through the process before in one state, you'll need to research the particular rules for the state where you're planning to marry.

Age requirements represent one of the most significant differences between states. Most states allow people to marry at age 18 without parental consent. However, some states have different rules. For example, several states allow people younger than 18 to marry with parental or judicial consent, though the specific ages vary. According to a 2020 analysis by the Pew Research Center, child marriage (where at least one person is under 18) still occurs in many states, though efforts to restrict these marriages have been increasing. Some states have set the minimum age at 16 or 17 with consent, while others have moved to eliminate marriage before age 18 entirely.

Waiting periods also differ by state. A waiting period is the amount of time you must wait between obtaining your marriage license and having your wedding ceremony. Some states have no waiting period at all, meaning you can marry immediately after receiving your license. Other states require a waiting period ranging from one to five days. A few states offer options: they may waive the waiting period if you complete premarital counseling or if certain conditions are met. These waiting periods were originally intended to give couples time to reconsider their decision, though their actual purpose and effectiveness remain subjects of debate.

Blood tests represent another area where states differ. Historically, many states required blood tests before marriage to screen for diseases like syphilis and rubella. Today, most states no longer require these tests. However, a handful of states, including Mississippi and Montana, still require testing for certain conditions. You should check your specific state's requirements.

Practical Takeaway: Visit your state government's website or contact your county clerk's office early in your wedding planning to learn the specific requirements for your state. Create a checklist of requirements and deadlines so you don't miss any steps. Remember that if you're marrying someone from a different state, you follow the rules of the state where you're getting married, not where either person lives.

Documents and Information You'll Need to Provide

When you go to obtain a marriage license, you'll need to bring several documents that prove your identity and current legal status. Having the correct documents ready will make the process faster and prevent delays. Different states may have slightly different requirements, but most ask for similar types of information and documentation.

Both people getting married will need to provide a valid form of government-issued photo identification. This could be a driver's license, passport, state ID card, or similar document. The identification must not be expired, and it should clearly show your photograph and full legal name. Some states may accept a combination of documents if you don't have a current photo ID.

You'll also need to provide proof of your Social Security number. This is typically done by bringing your Social Security card, though some states may accept a tax return or other official document showing your number. The government uses this information to verify that you're not already married to someone else, which is an important part of the verification process.

Most states require proof of your date of birth. This can come from your birth certificate, which is often the most straightforward document to use. If you don't have your original birth certificate, many vital records offices can issue a certified copy for a small fee, typically between $5 and $30. You can usually request a copy by mail, in person, or online from the state where you were born.

If either person has been divorced, you'll typically need to provide a certified copy of your divorce decree. This proves that any previous marriage has legally ended. If either person was widowed, you may need to provide a death certificate for the previous spouse. Some states also require information about previous marriages, including the dates and how they ended.

You'll need to provide your full legal name as it currently appears on your identification documents. If you plan to change your name after marriage, you'll handle that separately, after you receive your marriage certificate. Most people do keep their current legal name on the marriage license application, even if they plan to change it later.

Practical Takeaway: Create a document checklist based on your state's specific requirements at least a month before your planned wedding date. Gather all required documents and make copies if needed. If you're missing any documents, such as a birth certificate, order them immediately, as obtaining certified copies can take several weeks in some cases.

The Marriage License Application Process

The process of obtaining a marriage license typically involves visiting your county clerk's office or vital records office in person, though some states now offer online applications or allow you to start the process online and complete it in person. The specific steps and timeline vary by location, but understanding the general process can help you prepare.

First, you'll need to find the correct office. Marriage licenses are issued at the county level, so you'll visit the clerk's office in the county where you plan to marry. If you're marrying in a different county than where you live, you still go to the county where the marriage will take place. Most county clerk offices have websites with information about their hours, location, required documents, fees, and whether they accept walk-ins or require appointments.

When you arrive at the office, you and your partner will need to be present together. Some states allow one person to obtain a license on behalf of both parties, but this is not common, and most require both people to appear. You'll complete an application form that requests personal information about both people, including full legal names, dates of birth, Social Security numbers, current addresses, and information about any previous marriages.

The clerk's office will examine your documents to verify your identity and legal status. They will check that you meet your state's age requirements, that you're not already married, and that you don't have a legal relationship that would prevent you from marrying (such as being closely related by blood). This verification process typically takes a few minutes to an hour, depending on how busy the office is and how straightforward your situation is.

You'll pay a fee to obtain the license. These fees vary by state and county, ranging from about $5 to over $100 in some locations. Some counties offer reduced fees for those with lower incomes, and some may waive fees for certain circumstances. Ask about any fee reductions that might be available to you.

After everything is verified and the fee is paid, you'll receive your marriage license. This is an official document that you must present during your wedding ceremony. Your officiant (the person performing the ceremony)