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Marriage Licenses

There’s no shortage of things to do when you’re planning a wedding. Maybe you've been dreaming about your ideal wedding for your entire life, which includes the perfect dress, elegant flower arrangements, and the top photographer in your area. But what about the less exciting items on the checklist, like a marriage license? Although it may not feel like it’s a priority, without a valid marriage license, all your other planning may be for nothing.

What Is a Marriage License?

Most couples who plan a wedding are doing so because they love each other and want to celebrate their union with friends and family. It takes the magic out of the wedding if we think about the fact that marriage is a legal contract between two consenting adults, right? Unfortunately, there are legal requirements that couples must meet before they can marry, and one of those is a marriage license.

A marriage license is like a “permit to marry,” and every state requires you to have one before you can legally tie the knot. The license doesn’t force you to go through with the wedding, and it doesn’t mean you’re married, but without it, your marriage isn’t valid.

Requirements for Obtaining a Marriage License

Marriage license applications aren’t complicated, but the requirements for obtaining it varies from state to state, and even from county to county. Typically, you can call your local clerk’s office before you make the trip to make sure you have everything you need when you apply, including the required fee.

Destination weddings are a hot trend right now, so if you’re planning on getting married somewhere other than where you live, be sure to contact the clerk’s office in both locations before you apply.

The most common requirements for obtaining your license include:

  • Identification for both parties- both of you will need to provide a copy of government-issued ID, birth certificate, or passport to show your legal name, age, and address. Most states require both parties to be present when applying for the marriage license.
  • A judgment of divorce- if you or your soon-to-be-spouse are divorced, you’ll need to bring a copy of the divorce decree to demonstrate that you’re not legally married.
  • Payment- you’ll need to pay a fee before the clerk issues your license. Some government offices only accept cash or personal check, so if you’re paying with a credit card or with another form of payment, be sure to verify with the clerk first.
  • Blood tests- a handful of states require you to submit a blood test proving that neither party carries rubella, sickle-cell anemia, venereal diseases, or tuberculosis. If your state needs testing, make sure you give yourself enough time to get the blood work before you apply for your license and bring the results with you to the clerk’s office.
  • Death certificate- if either party is a widow/er, bring a copy of the death certificate to prove you’re no longer legally married.
  • Parental consent- if either party is under the age of 18, you may need parental consent to obtain your marriage license. Check with the clerk to determine the age limits for marriage in your state.
Understand the Limitations of Your Marriage License

It’s true that without a marriage license you can’t get married. But, even if you apply for your license in time, it may still come with a variety of limitations. For example, most marriage licenses have an expiration date—usually 30 days—and if it passes before you get married, you’ll need to reapply.

Several states require a cooling-off period between when you obtain your license and when you can use it. The theory is that sometimes we rush into our decision to marry and a waiting period allows both parties to change their minds. Be sure to give yourself enough time to apply for your license and for the waiting period to pass. For example, in Michigan, couples who apply for a marriage license will need to wait a minimum of 3 days before the clerk can issue the license and when the couple can get married. On the other hand, couples in Hawaii can get married the same day they apply for the license.

Some states allow you to waive the waiting period for good cause. For example, if one spouse is expecting a deployment overseas, the law allows the clerk to issue the license right away.

The Marriage Officiant

You must have someone who is qualified to perform a legal wedding in your state. The person who marries you must sign the marriage certificate and return it to the local clerk’s office for recording. If you select someone who is unqualified, you risk the court invalidating your marriage.

It’s a nice thought to have a friend or family member officiate our wedding ceremony, but this isn’t always easy. Check with an attorney or county clerk to determine what qualifications are necessary for the proposed officiant to be a part of your special day.

What to Do After the Wedding

After the wedding ceremony, both spouses, the officiant, and in some states, witnesses, must sign the marriage certificate. Once you’ve obtained the proper signatures, the officiant should drop the document off at the local clerk’s office (the same one where you received your license), and the couple can pick up a certified copy in a few days.

From Lawyers  By Melissa Heinig, Attorney

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