Validating a Marriage Conducted in a Religious Ceremony

Couples can have many reasons for wanting to get married. For couples of the same faith, they may want a religious ceremony to validate their union in the church. However, your ceremony needs to meet the legal requirements for the state to recognize your marriage.

A religious ceremony without a marriage license still needs state validation to be legal. If your religious officiant didn’t perform the marriage according to state law, you may still need a civil marriage to validate your union. Marriage laws vary by state. For more information about the legal marriage requirements, talk to an experienced family law attorney.

What Is the Difference Between a Civil and Religious Marriage?

A civil marriage is separate from a religious marriage. A civil marriage is the legal process that meets state laws for a valid marriage. A religious marriage is a religious practice. You and your fiance can have a civil marriage after a religious ceremony or vice versa.

Both civil marriages and religious marriages qualify as valid marriages if they meet the legal requirements under state law. Religious marriages that do not involve a qualifying officiant or a marriage license are not legal in most states.

Is a Religious Marriage a Legal Marriage?

To be a legal marriage, you and your fiance must meet state law requirements. Depending on the state, this generally requires you to both be of age and voluntarily enter into the marriage. You need a marriage license filed with the state. Most states also require an officiant to perform the ceremony. The officiant can be a civil representative or a religious official.

A religious marriage is a legal marriage if it meets the requirements of the state. You need a marriage license to get married legally. If you get a marriage license and your religious officiant signs the license and files it with the state, then your religious ceremony is legal.

However, a religious marriage without a marriage license is not legal under state law. You may consider yourself married in the eyes of God, but the state may disagree. To get the legal benefits of marriage, you need a marriage certificate. You can still get a civil marriage after a religious ceremony if you get a marriage license filed with the state.

Can a Priest or Pastor Perform a Civil Marriage?

Generally, a religious officiant can perform a legal marriage. Whether the religious officiant wants to perform a civil marriage is up to them. Most states require an officiant to oversee a civil wedding. However, some states allow the couple themselves to self-officiate.

The officiant can include civil authorities like a judge or county clerk. Officiants can also include religious officiants, like a catholic priest, rabbi, imam, vicar, or pastor. The officiant has to meet state requirements, which may include registering with the state as an officiant. Check with your state laws for who can perform your wedding.

Can You Get a Religious Marriage After a Civil Ceremony?

Many couples have separate civil and religious ceremonies. The couple may want to get legally married before they have a religious ceremony for family and friends. The couple may also decide to have a religious marriage after becoming more religious later in life.

Convalidation is a religious ceremony in which the church recognizes a civil marriage. The Catholic Church and other religious institutions do not recognize a marriage if it is not validated by the church. Convalidation is a religious process, not a legal marriage ceremony. If you want a church wedding after a civil marriage, talk to your church.

Are You Legally Married Without a Marriage License?

Generally, you can have a religious wedding ceremony without a marriage license. However, you are not legally married.

A few states still recognize common-law marriage. In common law marriage states, you can be legally married without a formal ceremony or marriage license. Common law marriage generally requires cohabitation for a period of time and representing yourselves as a married couple. In these states, you could become legally married without a marriage license.

What Are the Legal Requirements for a Valid Marriage?

The legal requirements for a valid marriage depend on the state where you are getting married. Marriage laws are different in every state. State law generally requires the couple to:

• Be older than a certain age with proof of identification
• Not be married to anyone else
• Obtain a marriage license (some states have a waiting period)
• Have your marriage license signed by a qualifying officiant

States generally don’t have residency requirements for couples requesting marriage licenses. However, some states have a waiting period for residents but not for non-residents. A number of states also require witnesses to sign the marriage license.

How Can a Family Lawyer Help?

If you have a religious ceremony without the legal requirements, you still have to get a marriage license for the wedding to be valid. A family law attorney can explain your legal options for validating a religious marriage ceremony.