Family Law

How Do I Get a Marriage License?

Key Takeaways

  • A marriage license is a legal document that authorizes a couple to marry. Before you can get married, you must apply for and receive this license.
  • After your marriage ceremony, the officiant will sign the license, which is then filed to create a marriage record.
  • You can then obtain a marriage certificate as proof of your marriage.

Like a driver’s license allows you to drive, a marriage license allows you to get married. Getting a marriage license is necessary before you can have a legal marriage ceremony. While the process can vary depending on where you live, the general requirements are similar across the United States. We will guide you through the process of obtaining a marriage license.

If you have questions about your marriage license application, contact a local and experienced family lawyer. A family lawyer will know your county’s processes. They can guide you through them so you can get married on time.

What Is a Marriage License?

A marriage license is a legal document that authorizes a couple to marry. A county clerk or other government office usually issues marriage licenses.

Before you can get married, you must apply for and receive this license. After your marriage ceremony, the officiant will sign the license. They’ll file the license with the county to create a marriage record. You can then obtain a marriage certificate as proof of your marriage.

Steps To Obtain a Marriage License

Here are the steps to getting your marriage license and using it to get legally married.

  1. Determine where to apply: Marriage licenses are typically issued by the county clerk’s office. You should apply for a license in the county where you plan to get married. For example, if you’re getting married in California, you would go to the county clerk’s office in the county where the ceremony will take place.
  2. Check the legal requirements: Each state has specific requirements for obtaining a marriage license. Generally, you must be at least 18 years of age to apply without parental consent. Some states may require a waiting period between applying for and receiving the license.
  3. Gather the necessary documents: Documents include proof of identity and a record of your prior marriages and divorces.
  4. Complete the application process: Many county clerk offices allow you to start the marriage license application process online. However, you will likely need to complete the application in person. Some offices accept walk-ins, while others may require an appointment. During the application process, you must provide all required documents and pay the marriage license fee.
  5. Pay the marriage license fee: The cost of a marriage license varies by state and county. On average, the fee ranges from $25 to $100. Be prepared to pay the fee with cash, credit card, or money order. Check with your local clerk’s office for the exact fee and acceptable payment methods.
  6. Pass the waiting period: Some states have a waiting period between applying for and receiving your marriage license. This period can range from one to several days. Plan accordingly to ensure you can get your license in time for your wedding.
  7. Use the license for the marriage ceremony: Once you have your marriage license, you can proceed with your marriage ceremony. The officiant conducting your ceremony will sign the license. Afterward, you or the officiant must file the signed license with the appropriate government office. This makes your marriage official.
  8. Get a certified copy of your marriage certificate: After recording your marriage, request a certified copy from the clerk or vital records office. This document serves as legal proof of your marriage. You may need it to change your name or get your spouse on your insurance.

Documents Necessary for a Marriage License

You will need to bring several documents when you apply for your marriage license. These typically include:

  • A birth certificate, driver’s license, or another form of photo identification
  • Your Social Security number, in case they ask
  • A government-issued photo ID, such as a driver’s license, military ID, or passport
  • A divorce decree, annulment papers, or a death certificate of a previous spouse (if you were previously married)
  • An affidavit from someone who knows you well stating that there are no legal impediments to the marriage (in some places that require it)

Special Considerations

If you don’t have time to wait out the legal waiting period, you may be able to obtain a waiver. For example, active military personnel might receive special consideration. Check with your county clerk’s office to see if you qualify for any waivers.

If English isn’t your first language or you need accessibility assistance, contact your county clerk’s office. Many provide services in multiple languages and accommodate people with disabilities.

Most county clerk offices provide an FAQ on their website for more specific questions. These resources can offer valuable information about the application process and required documents.

What To Do After Receiving Your Marriage License

With your marriage license in hand, you can move forward with planning your marriage ceremony. Whether you choose a civil marriage or a religious ceremony, make sure the officiant is legally authorized to solemnize your marriage.

After your marriage ceremony, ensure that your marriage license is properly signed and filed. You can then request a copy of your marriage certificate for your records. This certified copy will be necessary for official name changes and other legal matters.

If you plan to change your name after marriage, you will need your marriage certificate. Update your Social Security card, driver’s license, and other identification cards accordingly. Notify your employer, bank, and other institutions of your new name. 

How a Family Lawyer Can Help

Obtaining a marriage license is a crucial step in the marriage process. By following the steps outlined in this article, you can ensure a smooth and efficient application process. To address any legal questions, contact a local family law lawyer.

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