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Marriage Requirements, Licenses, and Ceremonies FAQ


Information on marriage laws and procedures.

What's Below:

Can anyone get married to anyone?
Does any state recognize same-sex marriages?
What's the difference between a "marriage license" and a "marriage certificate"?
Where can we get a marriage license?
Are blood tests still required before marriage?
Who can perform a marriage ceremony?
Are there requirements about what the ceremony must include?

Can anyone get married to anyone?

You must meet certain requirements in order to marry. These vary slightly from state to state, but generally include:

  • being at least the age of consent (usually 18, though sometimes you may marry younger with your parents' consent)
  • not being too closely related to your intended spouse
  • having sufficient mental capacity -- that is, you must understand what you are doing and what consequences your actions may have
  • being sober at the time of the marriage
  • not being married to anyone else
  • getting a blood test (in just a few states), and
  • obtaining a marriage license.

Marital Prohibitions

All but two states (California and Massachusetts) prohibit people of the same sex from marrying. And all states prohibit a person from marrying a sibling, half-sibling, parent, grandparent, great-grandparent, child, grandchild, great-grandchild, aunt, uncle, niece, or nephew. Some states have additional prohibitions.

Does any state recognize same-sex marriages?

Yes. In May 2004, Massachusetts began issuing marriage licenses to same-sex couples who live in the state, and in June 2008 California began allowing same-sex marriages. These are the only two states that permit same-sex marriage. In fact, many states have passed laws specifically barring same-sex marriages, and the number of states with such laws is increasing. However, there are states that allow same-sex unions that are similar to marriage.

 In California, domestic partnership still creates a marriage-like relationship in which same-sex partners have nearly all the rights and responsibilities of spouses (and domestic partnership remains an alternative or supplement to marriage in California). Connecticut, New Hampshire, and Vermont offer civil union registration for same-sex couples, who can register their partnership and receive all the benefits of state laws that apply to married couples. New Jersey and Oregon have domestic partnership that also is equivalent to marriage. Hawaii, Maine, Washington, D.C., and Washington State all have some form of registration for same-sex couples, with varying levels of benefits--but none are marriage equivalents.

What's the difference between a "marriage license" and a "marriage certificate"?

A marriage license is a piece of paper that authorizes you to get married and a marriage certificate is a document that proves you are married.

Typically, couples obtain a marriage license, hold the wedding ceremony, and then have the person who performed the ceremony file a marriage certificate in the appropriate county office within a few days. (This may be the office of the county clerk, recorder or registrar, depending on where you live.) The married couple will be sent a certified copy of the marriage certificate within a few weeks after the marriage ceremony.

Most states require both spouses, along with the person who officiated and one or two witnesses, to sign the marriage certificate; often this is done just after the ceremony.

Where can we get a marriage license?

Usually, you may apply for a marriage license at any county clerk's office in the state where you want to be married. (In some circumstances, you must apply in the county or town where you intend to be married -- this depends on state law.) You'll probably have to pay a small fee for your license, and you may also have to wait a few days before it is issued.

In some states, even after you get your license you'll have to wait a short period of time -- one to three days -- before you tie the knot. In special circumstances, this waiting period can be waived. If you wait too long, your license will expire. Licenses are good for 30 days to one year, depending on the state. If your license expires before you get married, you can apply for a new one.

How to Obtain Copies of a Marriage Certificate

If you find yourself needing a copy of a marriage certificate -- yours or someone else's -- it's not difficult to arrange. We suggest that you visit the website of the National Center for Health Statistics at www.cdc.gov/nchs/howto/w2w/w2welcom.htm. Here you'll learn where in your state to write, call, fax or email for the documents you need. Be prepared to pay a small fee, often $5 to $10, for each copy you request.

Copyright 2008 Nolo


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