Legal Procedures for Validating an Out-of-State Marriage

Marriage licenses are issued in the state where your marriage takes place. However, after a legal wedding in one state, your marriage is legally recognized in all states. If you follow the legal procedures where you get married, you don’t have to do anything else to validate your marriage.

The marriage process depends on the laws of the state where the celebration occurs. If you’re having an out-of-state wedding, follow the marriage process for the state and county where the marriage ceremony will take place. For legal advice about making sure your marriage is legal and valid, contact an experienced family law lawyer.

Are Out-of-State Marriages Recognized in All States?

A marriage in one state is legally recognized in all states. The Full Faith and Credit Clause of the U.S. Constitution requires states to give full faith and credit to marriage laws of other states. If you get married in one state, all other states must honor your marriage.

To get a legal marriage, you have to follow the legal procedures in the state where you will have the marriage ceremony. This is a place-of-celebration rule. Even if you’re a resident of another state, the marriage laws depend on where the marriage occurs. A marriage license issued by your home state is only valid for marriages in that state.

How Do You Get an Out-of-State Marriage?

The process for an out-of-state marriage depends on where you’re getting married. Every state has different marriage laws. Generally, the requirements are minimal. There is a minimum age requirement, and you can’t already be married. Some states also restrict marriages between first cousins.

Check with the county where you’re going to have your out-of-state marriage. The county clerk can explain the application process and how to get your marriage license before the wedding. Find out what you need to do to make sure your marriage is legal and how you can get a marriage certificate after the wedding.

If you want to get married in a foreign country, you have to follow the local marriage law requirements. Validating an overseas marriage can be more can be more complicated. Contact your state office to find out what documentation you need to have your overseas marriage validated in the U.S.

What Is the Difference Between a Marriage License and a Marriage Certificate?

You’ll get a marriage license before the marriage ceremony. Generally, the county clerk, courthouse, or county recorder’s office issues marriage licenses. Most states require non-residents to get a marriage license in the county where the wedding ceremony will take place. Some states have a short waiting period before they will issue a marriage license.

Depending on the state, you can apply for a marriage license application online, by mail, or in person. There is a fee for the marriage license. You may also have to show proof of identification, such as a driver’s license, passport, or birth certificate. The wedding officiant who conducts your ceremony will sign the marriage license and file it with the county. Some states also require witnesses to sign the license.

After filing your marriage license, you can get a copy of your marriage certificate. A marriage certificate is legal proof of your marriage. If a spouse changes their legal name, they need a copy of the marriage certificate.

How Do You Prove You Are Legally Married?

A certified marriage certificate is legal evidence of your marriage. A valid marriage certificate issued by any county or state vital records office in the U.S. is legal proof of marriage. Married couples may need proof of their marriage records for legal purposes. This includes a name change court order, insurance coverage, or immigration purposes.

How Does U.S. Immigration Validate a Marriage?

Married couples have immigration benefits. A non-citizen who marries a U.S. citizen can get permanent residency and eventually apply for citizenship. U.S. Citizenship and Immigration Services (USCIS) will need to see a certified copy of your marriage certificate to validate your marriage. USCIS can also investigate to make sure it’s a bona fide marriage.

USCIS may also require the couple to live in a marital union for naturalization purposes. You may have to provide evidence of combined financial assets, proof of living in the same household, or other evidence. USCIS can investigate married couples applying for citizenship and do a background check.

How Do You Validate a Marriage After Eloping in Another State?

Eloping used to be a term for running away to get married without the family’s knowledge. However, in modern times, it generally refers to a civil marriage without a large ceremony. The legal requirements for eloping are the same as for marriage. If you elope and file a marriage license in another state, you don’t have to do anything else to validate your marriage.

Can You Validate a Common Law Marriage?

Common law marriage recognizes couples as legally married even if they never got a marriage license. The requirements for common law marriage generally include cohabitating for a long time and representing themselves as married. However, only a few states still recognize common-law marriage.

Can You Validate an Out-of-State Domestic Partnership?

Many states had domestic partnerships and civil unions for same-sex couples who could not marry under state law. But after the Supreme Court affirmed same-sex marriage rights across the country, most states did away with civil unions. Only a few states still have domestic partnership laws.

Can a Family Lawyer Help Validate Your Marriage?

Once you have filed your marriage license in the state where your marriage occurred, your marriage is valid. A copy of your marriage certificate is evidence of your legal marriage. But if a government agency doesn’t recognize your marriage for some reason, a family lawyer can help.  Contact a local family lawyer for more information about validating an out-of-state marriage.