Marriage License

A license is generally required before a couple is allowed to marry. The couple applies at the office designated under state law (such as a city, town, or county clerk) and pays a fee to have the license issued.

It is difficult for me to leave work. Do we both have to be present to get the marriage license?

Yes. Laws require that both parties applying for a marriage license appear in person. The application must be signed by both of you in the presence of the clerk.

I gave my mother a power of attorney allowing her to apply for my marriage license on my behalf since I'm overseas. Can the clerk issue the license?

No. You must be present with your fiancé in order to obtain a marriage license. The clerk will not accept a power of attorney.

Do we have to live in the state where we are applying for a marriage license?

No. If you meet the state law requirements, you will be issued a license.

At a minimum, you must bring a driver's license or passport (proving your identity) and a birth or baptismal certificate (proving your age). You may also need certain details about your parents.

TIP: Always call the clerk in the marriage license office to determine what documentation is required before a marriage license will be issued. Ask if you need a notarized copy of your birth certificate. Copies are sometimes not accepted.

How much is the fee?

Fees vary widely depending on the state in which you live.

TIP: Call ahead to find out the fee and ask what form of payment is accepted. In some cases, you may need to bring cash.

Can the fee be waived?

No. Most counties do not have a provision for waiving the fee. However, if you are unable to afford the fee, it is advisable that you call the clerk's office and ask what the policy is.

Can we get married without a license?

No. It is generally against the law to get married without a license.

Can we use our marriage license in any state?

No. The license can only be used in the state in which it was issued. For example, an official in New Jersey will not marry you if you have a New York marriage license.

We want to get married in Mexico. Where do we get a license?

Couples marrying in a foreign country must meet the marriage requirements of that country. You should contact the Mexican embassy in the United States to determine what is required.

TIP: Once in the foreign county, immediately contact the U.S. Embassy there to confirm that you meet the requirements allowing your foreign marriage to be recognized in the United States.

TIP: Some countries require couples to have resided there for a period of time before a marriage can take place. For example, France requires that couples wishing to get married there live in the country at least 40 consecutive days before the marriage occurs.

Sidebar: An American's marriage to a foreign citizen in no way guarantees that the foreigner will be able to obtain American citizenship.

Do marriage licenses expire?

Yes. Once the license expires, you must reapply in order to be married.

The pastor didn't sign our license. Can we still file it?

No. The license must be signed and dated by the pastor before it can be returned to the clerk's office for filing.

When does our marriage license have to be filed?

The license must usually be filed within a matter of days after the marriage occurs. Laws vary from state to state, but a 30-day time period is typical.

My spouse did not give his real age on our marriage license. Are we legally married?

Yes. A benign fraudulent statement made in obtaining a marriage license typically does not affect the validity of the marriage.

My spouse and I never obtained a marriage license although we have been married for 10 years. Is our marriage valid?

Yes, in states that recognize common law marriage. However, if you live in a state where the law provides that a marriage is void unless you have obtained a marriage license, you and your spouse may not be legally married.

TIP: States that recognize common law marriages include Alabama, Colorado, the District of Columbia, Georgia, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina and Texas. The requirements for a common law marriage are discussed below.