Who Can Officiate My Wedding?
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed November 19, 2024
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The person who is legally recognized in your state as a marriage officiant can officiate your marriage ceremony. Generally, states recognize two types of marriage officiants: religious and civil. All states allow an authorized person in good standing of any religious denomination to solemnize marriages or religious ceremonies.
This FindLaw article explores marriage officiant laws and how to become an officiant.
Understanding Marriage Officiant Laws
Each state and territory establishes its own laws, including family laws, that govern officiating a wedding. Therefore, the specific requirements for a marriage officiant will vary from state to state.
Before getting married, you should check with the city clerk’s or county clerk’s office for the marriage requirements, including getting a marriage license and the mandatory waiting period before getting married. Some states may require a one day waiting period while others require three days or more before issuance of the license.
The county clerk’s office may also ask the couple to submit identification documents, such as a birth certificate, driver’s license, etc., to prove the person’s identity.
Your local county or city clerk’s office can also explain when you would receive the certified copy of the marriage certificate. The marriage certificate is often issued after the wedding day.
If a friend who isn’t a recognized officiant officiates or solemnizes your ceremony, some jurisdictions could challenge your marital status.
Other states allow a notary public to perform marriage ceremonies, such as South Carolina. However, in New York City, a notary public is not permitted to perform marriage ceremonies. The person who is legally recognized in your state as a marriage officiant can officiate your marriage ceremony.
How To Become a Religious Officiant
States do not mandate that marriage officiants be of a particular religious organization or denomination; that would be unconstitutional. Nor do they require you to get married by a specific member of the clergy. However, some states limit who they recognize as a religious officiant.
For instance, Tennessee recognizes ministers ordained through a “deliberate and responsible process.”
Then, in New York State, ordination certificates issued by Universal Life Church are not accepted as evidence of clerical authority.
Anyone can easily become an ordained minister and serve as a religious wedding officiant. There are online ministries that ordain you as a minister of the organization. These services, which may or may not charge a fee, will ordain anyone regardless of personal beliefs. Most states will recognize someone ordained online as a valid religious officiant.
How to Become a Civil Officiant
Are you interested in a civil wedding (a non-religious marriage)? Civil officiants are typically justices of the peace for the county government. In some places, a retired judge can also officiate weddings, as can government officials. For example, members of Congress can usually officiate weddings. If you are close friends or family to a federal or state judge, they can also officiate wedding ceremonies.
A loved one or family member may also become a civil officiant by being “deputized” by a county clerk or judge. In some places, the person leading the wedding is given special permission for that day and for that wedding only. Check with the local county clerk’s office for details for this type of permission.
Does the Marriage Officiant Need to Say Anything Specific?
Cultural, religious, and community traditions surround marriage, which is why we so often hear the same words spoken during a marriage ceremony. Marriage officiants and couples can say whatever they want during the ceremony. It does not affect the marriage’s legal status. You may want to stick to the usual ceremony script, but you are under no legal obligation to say specific words.
Still, no set words, wedding vows, or oaths need to be spoken.
Importance of the Marriage Certificate
No matter who officiates the ceremony, the marriage certificate is an important part of any wedding. The marriage certificate must conform to the laws of the jurisdiction. It may require signatures from the officiant and witnesses to the marriage ceremony.
It’s crucial to secure a marriage certificate regardless of whether the marriage is a religious or civil ceremony. The exception is common-law marriage, but many states no longer recognize it.
Get Legal Help
If you have questions about legal marriage requirements in your state and who can officiate your wedding, you should contact a local family law attorney.
Can I Solve This on My Own or Do I Need an Attorney?
- Many people can get married without hiring legal help
- Marriages involving prenups, significant debt, child custody issues, and property questions may need an attorney
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