Marriage License Requirements

This article summarizes common requirements for marriage licenses—from birth certificates to waiting periods, and more. Always check your state's laws, as conditions may vary.

Marriage License Requirements: Waiting Periods

Many states require a waiting period after applying for a marriage license. The waiting period between the time of application to the wedding ceremony ensures that couples have time to consider and ensure they are making the right decision. There's no spur-of-the-moment, Elvis-type wedding for couples in these states. You must wait a specified number of days before you can have your marriage ceremony.

Application for a marriage license often requires the couple to submit an identification document. This could include a birth certificate, driver's license, and social security card.

The couple will also need to provide their full names and contact information. Here are some examples of waiting periods:

The following states have a one-day (24-hour) waiting period:

• Delaware
• Illinois (waivable)
• Louisiana (waivable)
• New York (waivable)
• South Carolina

Maryland has a two-day (48 hours) waiting period.

The following states have a three-day waiting period:

• Alaska
• Florida (waivable)
• Iowa (waivable)
• Kansas
• Massachusetts (waivable)
• Michigan
• New Jersey
• Oklahoma (if under the age of 18 years of age)
• Oregon (waivable)
• Pennsylvania
• Texas
• Washington
• Wisconsin

Optional Step: Marriage Preparation Classes

Several states will discount the marriage license fee or waive the waiting period if a couple completes a premarital preparation program to promote healthy marriages. These programs teach skills such as effective communication and conflict resolution. Minnesota reduces the fee by $75 for attending 12 hours of marriage education classes. Texas gives a $60 discount for 8 hours.

Suppose a person in the couple is a minor. Parental consent, legal guardian consent, or a court order from the district court may be required. There may be a request to present a court order or consent to the county clerk's office when processing the marriage application.

This requirement may also vary in each state. For instance, in Alabama, a marriage license is no longer required (starting August 29, 2019). Instead, the marriage certificate form should be filled out by the couple getting married.

Thus, checking your county clerk's office to learn more is essential. This article by FindLaw about the "age of consent" also provides a helpful guide.

No Longer Required: Premarital Blood Tests

None of the 50 states still require a blood test to obtain a marriage license. Montana was the last state to repeal its blood test requirements in 2019.

Due to public health concerns, many states used to require mandatory blood tests to screen for syphilis, a sexually transmitted disease. In the early to mid-20th century, syphilis was a significant public health issue. Mandatory blood tests for marriage licenses were used to reduce the spread of the bacterial infection by identifying and treating individuals before they got married.

Advancements in treatment and awareness around sexually transmitted infections has led to a significant decrease in syphilis cases. Thus, all states have gradually repealed requirements to test for it as part of the marriage license application process.

Montana previously required women to test for rubella before marriage. Rubella is a viral disease that can be especially dangerous for pregnant women. In 2007, Montana made the test optional as long as the couple signed a waiver. Montana repealed the requirement completely in 2019.

New York state does still require Black and Latino couples to complete a blood test for sickle cell anemia before marriage. But, couples can still marry regardless of the results of the blood test. Couples can also claim a religious exemption to opt out of this requirement.

Expiration of the Marriage License

Once you've received your marriage license, it's only valid for a specific time. The validity of a marriage license varies in every state. Suppose your marriage license is already expired at the time of the intended wedding date. In that case, you will likely have to go through the licensing process again unless you can renew the original license.

Each state holds a marriage license as a vital record, thus giving it particular importance. Below is a list of the expiration periods for all 50 states and the District of Columbia.

Marriage Ceremony and Post-Ceremony Requirements

The marriage ceremony officiant can be either of the following:

Religious wedding officiant:

• Priest
• Imam
• Rabbi
• Pastor
• Minister
• Reverend

Civil wedding officiant:

• Judge
• Magistrate
• Mayor
• County Clerks
• Ordained wedding officiants

The list of marriage officiants may vary in each state. It is important to check with your local civil registrar or county clerk's office for more details.

The officiant should sign the marriage license after the wedding ceremony and return it to the county office that issued it. The next step is the issuance of the marriage certificate. The couple would receive a certified copy of their marriage certificate. The certificate of marriage will be the official proof of their marriage record and will be recorded with the local registrar.

Some people opt for a name change after the wedding. They would then need to use the marriage license to change their maiden name.

Getting Legal Help Completing Your Marriage License Requirements

Couples may have legal questions about the marriage application process. Various matters will come into play when contemplating the big day. Since getting married has broad legal and financial implications, consulting a family law attorney is recommended.

Consulting a family law attorney might be particularly helpful for those with a previous civil union, divorce decree, or annulment.

FindLaw has a directory of family law attorneys in every state. The website also contains articles that cover comprehensive topics about family law. These articles can help you better understand the marriage application process and requirements.