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Marriage License

While there are similarities and a common theme throughout the laws of marriage licenses laws in the US, there are a few small variances that can make or break your wedding date. Below are the general laws for obtaining marriage licenses in America.

Both participants must be 18 years of age or older, or have the mandatory consent of a parent, guardian or ordered by a judge. Some states require that both parents or guardians consent either in person and in writing; others require a court order for a minor to marry.

Proof that all previous marriages of both parties have been dissolved by divorce, annulment or death is almost always required. Marriage licenses that are issued while one party is still legally married are invalid.

Mental capacity must be sufficient enough to enter into a legally binding agreement. Because drugs, alcohol and mental illness can affect one’s ability to consent, those that are in drug or alcohol induced states, or suffer from a mental illness, are suffering from diminished mental capacity. Marriage licenses issued to parties that are found to be incompetent at the time of their consent are invalid.

The two parties are not allowed to be close blood relatives. Some states, like Nevada, require that the two not be closer kin than second cousins. Others, like Arizona, permit for first cousins to marry IF they are both under sixty-five years old or one of the two can prove they are unable to reproduce. Most states, however, allow for unrestricted first cousin marriage.

Many states require a blood test by both parties to test for venereal diseases.

The majority of states (26, to be exact) in the US require that both parties wait a mandatory waiting period, between 24-hours and 7 days, from the time they apply for their marriage license and their actual marriage ceremony. This waiting time can be waived in some circumstances.

Marriage licenses are often stipulated that marriage ceremonies be performed by a recognized clergyman or officiator. Most of these states have rather lax requirements for recognized officiator, so friends and family members may be able to become licensed to perform your ceremony and authorize your marriage. Ship captains, unless specifically licensed, are authorized to perform or approve marriages.

Marriage licenses must be filed after the ceremony is performed, usually within 30 days. Many clergymen and licensed individuals will extend their service to include filing the license at the county clerks office. They are required to send a copy of the marriage certificate to the proper county or state agency.

Marriages performed overseas are legal and recognized by the United States if the laws of the governing agency of the place of the marriage were followed and the marriage license is issued in the state the couple plans to reside.

Fees for marriage licenses vary widely from state to state and even county to county, but most fall between $25 and $50.

Covenant marriage licenses require that a covenant marriage ceremony be performed. These are much more involved ceremonies and are often a deeper commitment than a standard marriage. They require premarital counseling by a member of the clergy and a promise to seek counseling should problems arise in the marriage. Additionally, there are just eight reasons a court can dissolve a marriage granted using a covenant marriage license:

1. Adultery by one or both partners
2. A felony conviction of one partner with a sentence of imprisonment or death
3. Abandonment of no less than one-year and refusal to return
4. Physical or sexual abuse of a spouse, child or other person
5. Separation of more than two years and refusal to seek counseling
6. Separation of at least one year after legal separation
7. Habitual drug or alcohol abuse by one or both partners
8. Agreement of both parties to dissolve the marriage

Regardless of the state you reside or intend to marry, it is imperative you bring proof of name, age, residency and dissolution of previous marriages before applying for marriage licenses.