Learn About Marriage License Requirements and Steps

Understanding Marriage License Basics

A marriage license is a legal document that permits two people to marry. In the United States, each state maintains its own marriage laws, which means requirements vary depending on where you live and where you plan to marry. The marriage license itself is not the same as a marriage certificate. The license is the permission to marry, while the certificate is the official record created after the ceremony takes place. Understanding this distinction matters because you need the license before the ceremony occurs, and the certificate comes afterward.

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Marriage licenses serve several important functions. They create a legal record of your marriage, which affects your rights regarding taxes, inheritance, healthcare decisions, and spousal benefits. The license also ensures that certain legal requirements have been met—for example, that neither person is already married and that both parties are old enough to marry. Without a valid license, your marriage may not be legally recognized, which could create problems years later if disputes arise about property, children, or survivor benefits.

The process of obtaining a marriage license typically involves three main steps: meeting the requirements, submitting the necessary documents and information to your local government office, and waiting for the license to be issued. Most states issue marriage licenses through the county clerk's office or a similar vital records department. The timeframe from submission to receiving your actual license usually ranges from a few days to a few weeks, depending on your state's processing time and whether there are any issues with your paperwork.

According to the National Center for Health Statistics, approximately 1.7 million marriages occur in the United States each year, and nearly all involve a marriage license. This widespread requirement reflects how central marriage licenses are to the legal recognition of marriage across all 50 states.

Practical Takeaway: Before you begin the process, identify which county or state office will issue your marriage license. This is typically where you or your partner resides, or where the marriage will take place. Contact that office directly to confirm their specific procedures and current processing times.

Age Requirements and Legal Restrictions

Each state sets its own minimum age for marriage. Currently, most states require both parties to be at least 18 years old to marry without parental consent. However, some states still permit marriages under age 18 with parental or judicial approval, though this practice has been declining. As of 2024, several states have raised or are reconsidering their minimum age laws. For example, Delaware, Florida, Maine, New Hampshire, and South Carolina have eliminated or significantly restricted marriage before age 18. If you or your partner is under 18, you will need to research your specific state's laws or contact your county clerk's office for accurate information about what documentation is needed.

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Beyond age, most states have restrictions based on biological relationships. All 50 states prohibit marriage between close relatives, including parents and children, siblings, and grandparents and grandchildren. Some states extend these restrictions to cousins or in-laws. Additionally, both parties must not currently be married to anyone else. If either person has been married before, they will need to provide proof that the previous marriage ended through divorce, annulment, or death of the spouse. This usually means providing a divorce decree, annulment paperwork, or death certificate.

Mental capacity is another legal requirement. Both parties must have the mental ability to understand what marriage means and to consent to the marriage. This means neither person can be under the influence of drugs or alcohol at the time of marriage, and neither can have a legal guardian due to being declared mentally incompetent. While this is rarely an issue during the license application stage, it becomes relevant at the ceremony.

A few states also have restrictions related to certain health conditions. Historically, some states required blood tests for venereal diseases before issuing licenses, though this requirement has largely disappeared. However, a small number of states still have laws on the books regarding health information, so it is worth checking your specific state's requirements.

Practical Takeaway: Write down a list of potential restrictions that might apply to you and your partner: age, previous marriages, biological relationship, and state-specific rules. Verify each one by checking your state's vital records website or calling your county clerk's office. If any restriction might apply, address it early in the process rather than discovering it when you submit your paperwork.

Required Documents and Information

The documents you need to provide when obtaining a marriage license vary by state, but most states have similar core requirements. Almost all states require proof of identity for both parties. This is typically a government-issued photo ID such as a driver's license, passport, military ID, or state ID card. Some states accept other forms of identification like a non-driver state ID or passport card. The ID must be current or only slightly expired—policies vary, so confirm with your county clerk what they accept.

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You will also need proof of age, which usually comes from the same ID that serves as your proof of identity. If your ID does not clearly show your full date of birth, you may need to bring an additional document such as a birth certificate. Birth certificates should be official certified copies from the vital records office, not photocopies from a hospital or informal document. If you were born outside the United States, you may need to provide additional documentation proving citizenship or legal residency status.

If either party has been married before, you will need evidence that the previous marriage ended. For divorce, this is typically the final divorce decree or divorce judgment. For annulment, you need the annulment papers. For a spouse who has died, you need a certified death certificate. These documents must be official certified copies, not informal copies. If your name has changed since the previous marriage, you may need to provide the legal documents that show the name change, such as a divorce decree that changed your name or a court order for name change.

Most states also require that you provide information about your parents' full names and birth locations, even as an adult. Some states ask whether either party has ever been convicted of certain crimes. You will also need to attest to the fact that you are not currently married to anyone else and that you meet all legal requirements. Some states require both parties to be physically present at the time of application, while others allow one party to apply without the other present.

The actual list of required documents can be lengthy. Some states require five to eight different pieces of information or documentation. Processing times can be delayed if documents are missing, incomplete, or illegible, so obtaining everything before you go to the clerk's office is important.

Practical Takeaway: Contact your county clerk's office at least one month before your intended marriage date. Request a complete checklist of required documents. Begin gathering originals or certified copies immediately, as obtaining certified birth certificates or divorce decrees can take several weeks through the mail.

The Application Process and Timeline

The process of obtaining a marriage license begins with visiting or contacting your county clerk's office, typically located in the county courthouse. Most states require at least one applicant to be a resident of the state where they are getting married, though some states require the applicant to be a resident of the specific county. A few states have no residency requirement at all. The county clerk's office is the appropriate place to go in most states; however, some states use different names such as "Register of Deeds," "Vital Records Office," or "Marriage License Bureau." Your state's vital records website will direct you to the correct office.

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When you arrive at the clerk's office, you will be asked to complete an application form. This form requests personal information about both parties, including full legal names, dates of birth, current addresses, Social Security numbers (in some states), and information about parents. You will make declarations under penalty of perjury that you meet all legal requirements. Both parties must typically sign the application, though some states allow one party to sign on behalf of both if there is a valid reason. Some offices now offer online applications that can be filled out before you arrive in person, which can speed up the process.

After submission, the clerk's office will review your documents and application for completeness and accuracy. If everything is in order, the marriage license is typically issued the same day or within a few days. However, some states impose a waiting period—a set number of days that must pass between receiving the license and the marriage ceremony. As of 2024, about half of the states have waiting periods ranging from one to five days. A few states offer the option to waive this waiting period, while others require it for all marriages. These waiting periods are usually intended to give couples time to reconsider, though their practical effect is to extend your timeline.

After the ceremony, your officiant (such as a pastor, judge, or notary) signs the license and returns it to the county clerk's office. The clerk then records the