The Marriage Ceremony
A marriage ceremony may be religious or civil.
A religious ceremony should be conducted under the customs of the religion, or, in the case of a Native American group, under the customs of the tribe. Religious ceremonies normally are conducted by religious officials, such as ministers, priests, or rabbis. Native American ceremonies may be presided over by a tribal chief or other designated official.
Civil ceremonies usually are conducted by judges. In some states, county clerks or other government officials may conduct civil ceremonies. Contrary to some popular legends, no state authorizes ship captains to perform marriages.
Most states require one or two witnesses to sign the marriage certificate. The person who performs the marriage ceremony has a duty to send a copy of the marriage certificate to the county or state agency that records marriage certificates. Failure to send the marriage certificate to the appropriate agency does not necessarily nullify the marriage, but it may make proof of the marriage more difficult.
States generally do not require that certain words be used in a marriage ceremony, but the person or persons conducting the ceremony should indicate that the man and woman agree to be married.
Most states consider a couple to be married when the ceremony ends. Lack of subsequent sexual relations does not automatically affect the validity of the marriage, although in some states non-consummation could be a basis for having the marriage annulled.
Guide to Family Law
Copyright © 1996, 2000 American Bar Association
