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Marriage License

A license is generally required before a couple is allowed to marry. The couple applies at the county marriage license office and pays a fee to have the license issued. The official marrying the couple signs the license and it is then filed with the county clerk's office.

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 a city or county 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.

Can we obtain a marriage license if we are the same sex?

Only the state of Massachusetts currently issues marriage licenses to same sex couples. Laws will not allow the marriage to be recognized in most states and although there is no clear prohibition in others, no state has the obligation to recognize your marriage under the Defense of Marriage Act (DOMA).

TIP: For information on how to get married in Massachusetts if you are a same sex couple, go to www.glad.org/marriage/howtogetmarried.html.

SIDEBAR: Laws concerning the issuance of marriage licenses routinely prohibit issuing a marriage license for people of the same sex.

SIDEBAR: The Defense of Marriage Act (DOMA) permits one state to refuse to recognize a same-sex marriage that occurred in another state even if the marriage was legal. Additionally, DOMA denies federal recognition of same-sex marriages by recognizing marriage between a man and a woman only.

TIP: DOMA does not outlaw same-sex marriages; however, many states are adopting constitutional amendments prohibiting marriage between couples of the same sex.

SIDEBAR: The Federal Marriage Amendment (FMA) has been proposed as an amendment to the U.S. Constitution, creating a definition of marriage as between a man and a woman. The proposed amendment states:

"Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any State, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups."

What do we need to bring with us when we apply for a marriage 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).

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. Some marriage license offices charge as little as $4 and some as much as $80. Typically, the fee is approximately $50.

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. Laws generally make it a misdemeanor for an authorized official to marry a couple 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 husband 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 husband 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 husband are not 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.

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