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.
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.
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:
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.
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.
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.