The legal requirements are not as difficult as they may seem. Once you know what you need to do to be legally married, you can focus on the more interesting details like your venue or cake. Each state has different marriage requirements, but all states recognize legal marriages from other states.
Legal Documents: Marriage License or Marriage Certificate
A marriage license is a license the future spouses obtain from the county clerk’s office prior to the wedding. They need to pay a small fee and show that they meet the legal requirements to get married in that state. The marriage license needs to be for the state where you plan to get married.
The marriage certificate is the document that your officiant files once they have performed the ceremony. This provides legal proof that you were married. If your officiant does not file the marriage certificate, you are still legally married, but it will be harder to provide legal documentation to prove so.
Do I Need to Get a Blood Test Before Getting Married?
In the past, both spouses would need to take a physical exam before getting married, but this is not the case. Most states will provide you with information about HIV/AIDS testing when you apply for your marriage license. A few states do still require blood tests prior to marriage to identify rubella, TB, sickle-cell anemia and other venereal diseases.
Who Can I Marry?
There are some legal requirements to get married:
- Marital status – Someone who is already legally married cannot get married again. They must first officially divorce their previous spouse.
- Mental capacity – Both spouses must have the mental capacity to understand the commitment they are making and the legal obligation that marriage creates. People with diminished mental capacity through mental illness cannot be married. Similarly, people who temporarily lack mental capacity because of drugs or alcohol cannot be legally married.
- Age – Both spouses must be over the age of 18 to get married in most states. Some states have provisions that allow minors to get married with the court or parental permission. Often there will be additional requirements like an age limit and a small age difference to prevent predatory marriages.
- Gender – People of the same gender can be married since the 2015 Obergefell v. Hodges
- Familial relation – The spouses cannot be close relatives. There are different restrictions in different states, but most do not allow relatives closer than third cousins to marry. In some states, an exception is made for cousins who are too old to conceive.
The Difference Between a Marriage License and a Marriage Certificate
The marriage license is a document giving a couple permission to get married in that state. The couple has to visit the county clerk’s office a pay a small fee to get their marriage license.
A marriage certificate is proof that the couple got married. It will be signed by the couple, the officiant and two witnesses on the day of the wedding. After the wedding, the officiant will file the marriage certificate, and the newly married couple will receive a certified copy.
How Do I Get a Marriage License?
You will need to get a marriage license from a county clerk’s office in the state you will be married in. You cannot get a marriage license from California if you get married in Oregon. In some states, you will need to obtain your marriage license from the county clerk’s office in the county you will be married in. Once you have paid the fee and the county clerk has checked you are eligible, they will send you the marriage license in a few days.
Your marriage license will be valid for 30 days after it has been issued. In some states, you must complete a small waiting period between applying for the marriage license and being married. This is to prevent shotgun weddings which are quickly annulled. The idea is to give both parties the chance to change their mind. States with the waiting period will often make exceptions to couples travelling interstate to be married and marriages where one spouse is being deployed.
What Do I Do If I Lose My Marriage Certificate?
You can get another copy of your marriage certificate, but the process will be different depending on which state you live in. The National Center for Health Statistics provides information on how to obtain a copy of your marriage certificate. There will be a small fee for another certified copy.
Who Can Officiate a Wedding?
An officiant is someone who is qualified by the county to marry couples. Non-religious ceremonies can be performed by a court clerk, justice of the peace, or judge.
Religious ceremonies performed by a religious official like a rabbi, minister, or priest are recognized as legal marriages. Also, a designated official in a Native American tribe can perform wedding ceremonies.
Are There Any Other Legal Requirements After the Ceremony?
The officiant must file the marriage certificate with the county clerk’s office. Then the couple will receive a certified copy by mail.
There are no legal requirements for the couple after the ceremony. As long as the ceremony was performed by a legal officiant, then the couple is legally married. Some states require sexual relations to consummate the marriage, but that is very rare.