Marriage License

The best way to find out what is required for a marriage license in the state you will be married in is to call the local courthouse of the location you will be married or Google.

General Requirements

  1. Know the restrictions:

    • Age – The majority of states within the United States have a minimum age for marriage of 18 years old. In some states, a person under the age of 18 may marry with parental consent and in some cases a judge approval is also required.
      • In the state of Mississippi any person under the age of 21 must obtain parental consent.
      • In Nebraska anyone under the age of 19 must obtain parental consent.
      • Emancipated minors may not require parental or judge consent.
    • Family Restrictions – Ancestral and descendent marriage in the United States is prohibited. Currently 20 states allow for the marriage between first cousins. Additionally, 6 other states will allow for first cousin marriage with restrictions such as age or the inability to reproduce.
    • Informed Consent – Many states restrict the marriage between persons who cannot give informed consent. This can include people with severe mental disabilities.
    • As of 2015, same-sex marriage is legal in all 50 states and the District of Columbia.
  2. Know the requirements:

    • Depending on what county and state you are obtaining your license from an original birth certificate may be required. Other counties/states do not require a birth certificate at all.
    • Almost all licenses require identification in the form of a photo ID or passport. Some may require a social security card as well.
    • If the original documents are in a foreign language you may be required to provide a certified copy in English translation along with the original. The certification will need to verify that the translation is correct.
  3. Terminate any prior marriage:

    • You cannot get married if you are married to another person. Proof of divorce will be required. Some states require a written statement.
  4. Decide if you want to change your last name:

    • You do not have to change your surname.
    • If you chose to do so you have to contact the Social Security Administration and provide an original copy of your marriage certificate in order to have your name legally changed. This does not happen automatically. After this know that you will need to change your name on all documents including your drivers license and credit cards.
  5. Know any waiting period:

    • Some states have a waiting period to be married. In some cases you must wait 24-72 hours before being wed. If you wed before that, your marriage will not be legal. Contact your local courthouse to find out if there are any.
  6. Pay the fee:

    • Almost all applications for marriage requires a fee. In some cases this does not include the actual marriage certificate which will be obtained at an additional cost at the courthouse in which the application was filed.

 

The best way to know exactly what is required is to call the courthouse of the county in the state in which you are being married.