Learn About Marriage License Requirements by State

Understanding Marriage License Basics Across the United States

A marriage license is a legal document issued by state or local government that gives two people permission to marry. While marriage itself is a personal and often spiritual commitment, the legal license is what makes a marriage recognized by law. Every state in the United States requires couples to obtain a marriage license before they can legally marry, though the specific rules vary significantly from state to state.

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The marriage license serves several important functions. It creates an official record of the marriage, which affects many aspects of life including taxes, inheritance, medical decision-making, and property ownership. The license also helps prevent certain marriages that the law does not permit, such as marriages between close relatives or marriages involving someone who is already married to someone else.

One key thing to understand is the difference between a marriage license and a marriage certificate. The license is the permission document you obtain before the wedding ceremony. The certificate is the official record created after the ceremony is performed and signed by an authorized official. Both documents have legal importance, but they serve different purposes in the marriage process.

The process of obtaining a marriage license typically involves several steps: submitting an application, waiting a required number of days, and paying a fee. However, the exact requirements, waiting periods, and fees differ substantially by state. Some states have very short or no waiting periods, while others require several days between license issuance and the ceremony. Some states charge $5 for a license while others charge $100 or more.

Practical Takeaway: Before planning a wedding date, couples should research their specific state's marriage license requirements. What works in one state may not work in another, and starting this research early prevents delays or disappointment.

Age Requirements and Parental Consent Rules

Age restrictions for marriage vary considerably across the country. The most common minimum age is 18 years old, and at this age, most states allow individuals to marry without anyone's permission. However, many states have different rules for people under 18, and the specifics can be complicated.

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As of recent years, the following patterns exist across states: roughly 30 states still permit marriage under age 18 in certain circumstances. The most common situation is when a minor has parental consent. In these states, a 16 or 17-year-old can marry with written permission from both parents. A smaller number of states allow marriage at even younger ages—some as low as 15 or 16—still with parental consent. A few states even permit marriage below age 16 with court approval in addition to parental consent, though this is becoming less common as states reform their laws.

Several states have no legal minimum age at all if parental consent is obtained, which means technically a marriage could be legal at a very young age. However, this is changing. In recent years, more states have been raising minimum marriage ages or eliminating child marriage options entirely. As of 2024, some states have moved to require everyone to be at least 16 or 17, and a few have eliminated under-18 marriage options completely.

The rules about parental consent also differ. Some states require both parents' consent, while others require only one parent's consent. In cases where one or both parents are unavailable (deceased, incapacitated, or whereabouts unknown), some states allow a judge to give consent instead. Some states require the minor to get a court order or judicial approval in addition to parental consent.

For people 18 and older, parental consent is not required in any state. However, there are still age limits on the older end—no state permits marriage by someone under a certain age difference from their partner. A few states have laws preventing someone over 18 from marrying someone under 16 or 17, depending on the specific state rule.

Practical Takeaway: Anyone under 18 who is considering marriage should check their state's specific rules about their age and whether parental or judicial consent is needed. These rules change frequently as states update their laws, so checking the current rules from the state government is important.

Residency Requirements and Waiting Periods

Residency requirements determine whether you must live in a state for a certain amount of time before you can marry there. The good news is that very few states have residency requirements anymore. As of current law, the vast majority of states allow couples to obtain a marriage license even if they just arrived in the state hours before applying. This means most couples can marry wherever they want without having to establish residency first.

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A few states may technically have residency requirements on the books, but these are rarely enforced and most counties do not actually check residency status when issuing licenses. For practical purposes, couples can usually obtain a marriage license in any state regardless of how long they have lived there.

Waiting periods, however, are different and more common. A waiting period is the amount of time that must pass between when a marriage license is issued and when the actual ceremony can take place. These waiting periods serve various purposes in different states—some aim to give couples time to reconsider their decision, while others simply reflect historical tradition.

The waiting period rules break down roughly as follows: about 13-15 states have no waiting period at all. These states issue a license that can be used immediately. About 16-18 states have waiting periods of 1 day. About 8-10 states have waiting periods of 2 days. Several states have 3-day waiting periods. A few states have waiting periods of up to 5 days. The longest waiting periods in the country are 6 days (in a couple of states) or 7 days (also in a couple of states).

Many states offer an exception to their waiting period if certain conditions are met. Common exceptions include religious reasons (some states waive the wait if a clergy member certifies they need to marry sooner), parental or judicial consent situations, or if one party is a resident and the other is not. A few states waive waiting periods if both parties obtain blood test results or prenatal counseling.

It is important to note that waiting periods are measured from when the license is issued. Once the waiting period expires, the license is valid. Most states allow the ceremony to take place within 30-90 days of license issuance, though a few states allow licenses to be valid for up to 1 year.

Practical Takeaway: When planning a wedding, calculate backwards from the desired ceremony date by adding the state's waiting period to your planned application date. If you want to marry on June 15th and your state has a 3-day waiting period, you would need to apply by June 12th at the latest.

Required Documents and Identity Verification

Every state requires applicants to provide certain documents when obtaining a marriage license, though the specific documents requested vary by state. Understanding what to bring prevents frustrating delays on the application day.

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The most commonly required documents are proof of age and proof of identity. For proof of age, states typically accept a driver's license, state ID card, passport, birth certificate, or military ID. The document must be current or only recently expired (rules on how expired is too expired vary by state, but usually mean no more than 5-10 years). Some states allow copies of birth certificates while others require original or certified copies.

Proof of identity usually means a government-issued ID with a photo. A driver's license or state ID card is the most common document. Passports, military IDs, and tribal IDs are also widely accepted. Some states specify that the ID must show the applicant's current address, while others do not have this requirement.

If either party has been married before, most states require proof that the previous marriage has ended. This usually means a divorce decree, annulment decree, or death certificate. Some states request the original or certified copy, while others accept photocopies. The document must show the final date the marriage ended.

Many states require applicants to provide their Social Security numbers, though this rule is becoming less common. States that request this information typically do so for record-keeping and to help prevent bigamy (someone being married to two people at once).

Some states require proof of the state-approved premarital counseling or educational class, if one exists in that state. The number of states requiring this has decreased significantly over time, but a handful still maintain this requirement. The counseling is typically brief (1-4 hours) and covers topics like communication and conflict resolution.

A few states require blood test results, though this is now quite rare. Historically, many