Legal Requirements for Eloping in Different States

There are many reasons why couples elope. Some want to get married without the cost of a big wedding, and others want to get married in secret because their family won’t approve.

The legal requirements to elope vary by state. Some state laws require couples to wait a few days before they can get married. If you want to elope in a different state, talk to a family lawyer in the state where you plan to elope.

What Is Eloping?

Elopement is a way of getting married. Eloping can be done without telling others or without a big wedding. Historically, a couple may run away to elope because their parents do not approve. It can also be a fast wedding for couples who suddenly decide they want to marry.

Elopements often happen when a couple wants to avoid a large wedding ceremony. They can be small gatherings with just the couple or a few friends and family. A judge, court clerk, or other officiant often conducts these ceremonies.

What Are the Legal Requirements To Elope?

The legal requirements for eloping are the same as any other marriage ceremony. In most states, you have to be 18 to get married. You can get married younger with parental consent or court approval, depending on the state. You also have to be mentally competent.

You have to apply for a marriage license and pay a license fee. You typically must show an ID when applying for a marriage license. You may also need your birth certificate and Social Security number. If you were married before, you may need a certified copy of your divorce decree.

Many states used to require blood tests to prove couples were not closely related, but most have eliminated this requirement.

How Long Do You Have To Wait To Elope?

Some states have a waiting period between applying for a marriage license and when you can marry.

In states with a waiting period, the period is generally between 24 hours and three days. There may also be different waiting periods for residents and non-residents. You can request a waiver so you can elope immediately. States with a waiting period include:

• Alaska: 3 days (waiver available)
• Delaware: 24 hours (waiver available)
• Florida: 3 days (none for non-residents)
• Illinois: 1 day
• Iowa: 3 days (waiver available)
• Kansas: 3 days (waiver available)
• Louisiana: 24 hours (waiver available)
• Maryland: 2 days (waiver available)
• Massachusetts: 3 days (waiver available)
• Michigan: 3 days (waiver available)
• New Jersey: 72 hours (waiver available)
• New York: 24 hours (waiver available)
• Oregon: 3 days (waiver available)
• Pennsylvania: 3 days (waiver available)
• South Carolina: 24 hours (waiver available)
• Texas: 72 hours (waiver available)
• Washington: 3 days
• Wisconsin: 5 days

What Are the Easiest States To Elope?

Several states have no waiting period to elope or get legally married. You can go to these states with just your identification and elope without delay:

• Alabama
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Georgia
• Hawaii
• Idaho
• Indiana
• Kentucky
• Maine
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Mexico
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Rhode Island
• South Dakota
• Tennessee
• Utah
• Vermont
• Virginia
• West Virginia
• Wyoming
• Washington, D.C.

In some states, you can apply for your marriage license online. Other states require in-person applications. Most court clerks close on weekends or holidays.

Do You Need an Officiant To Elope?

You need an officiant to perform the wedding. Some states require a minimum number of witnesses to sign the marriage license. The officiant files the marriage license, and you officially elope.

A few states — Colorado, Montana, and Pennsylvania — allow you to elope without an officiant. With “self-solemnization,” you can officiate your own marriage. Some states will only allow self-solemnization based on religious exemptions.

Can You Elope in Another State?

There are no state residency requirements to get married, and the U.S. Constitution requires states to recognize marriages in other states. Once you get married in one state, your marriage is legal in all states.

Some couples get married in another state because the waiting period is shorter. Other couples combine eloping with a vacation to Las Vegas or Hawaii.

Is Eloping in Another Country Legal?  

You can elope in another country, but it is more complicated to get your marriage recognized when you return to the U.S. Your county clerk’s office will know what documentation you need after a marriage abroad.

Many couples decide to elope in the U.S. and then have a wedding overseas after they are already married. This way, couples can have their destination wedding without having to deal with the legal requirements of a foreign country.

What Should You Do After Elopement?  

After eloping, you should take care of some basic things to get the benefits of marriage. Get a copy of your marriage certificate from the county clerk’s office to prove you are legally married.

If you or your spouse wants a name change after eloping, you need to update your legal name. You can file a name change with your local court. You may also need to update your Social Security card, driver’s license, passport, and other identification.

If you want to add your spouse to your insurance, check with your employer about adding your spouse to your health insurance. Update life insurance policies, bank accounts, and retirement accounts to add your spouse as your beneficiary.

Can You Get an Annulment After Eloping?

An annulment is a way to void your marriage, but there are limited reasons for a judge to annul your marriage. Possible reasons for getting an annulment after eloping include:

• You were underage when you eloped
• You or your spouse is already married to someone else
• The elopement is between closely related family members
• You were forced to elope

If you want to legally separate and end the marriage, you need to get a divorce.

Can a Family Lawyer Help With Eloping Issues?

Eloping is a fast and simple way to tie the knot. But first, check the requirements for marriage in the state and county where you want to elope. Make sure you have the documentation you need and apply for your license in time to elope. Contact a local family lawyer for more information about eloping in different states if you have questions.