Courthouse Wedding Refusals: When Can They Say No?

Courthouse weddings are a great option for couples who want to avoid the cost and hassle of a traditional wedding. They are non-religious ceremonies that allow couples to legally marry and are presided over by a legal official, such as a judge or court clerk. While they may seem simple, courthouse weddings offer a unique and intimate way to exchange vows and create lasting memories. However, can a courthouse refuse to conduct a wedding?

You must obtain a marriage license before your ceremony

A marriage license is a crucial part of your wedding preparations, so it's important to give yourself plenty of time to obtain one. This document is different from your marriage certificate, which you will receive after your wedding ceremony. Here are some key things to keep in mind regarding your marriage license:

Research the Requirements

The requirements for a marriage license can vary depending on your location, so it's essential to research the specific rules for your city or county. Some locations may require you to apply for your marriage license in the same town where your wedding will take place. You can usually find this information by searching for your local city or county clerk's office online. Understanding the legal requirements beforehand will ensure a smooth process.

Gather the Necessary Documents

To apply for your marriage license, both you and your partner will typically need a valid form of government-issued photo identification, such as a driver's license, naturalization certificate, or passport. If either of you has been previously married, you will also need to provide a copy of the final dissolution or divorce papers. Additionally, don't forget to bring the required payment for your marriage license, as prices can vary.

Be Mindful of Waiting Periods and Expiration Dates

It's important to note that some states have a waiting period between receiving your marriage license and your wedding date. These waiting periods can range from 24 hours to several days, so be sure to factor this into your planning. Additionally, most marriage licenses have an expiration date, which can be as short as 30 days or as long as 90 days. Therefore, you need to schedule your wedding ceremony to take place before the license expires.

Prepare Any Required Witnesses

Depending on the location, you may need to bring one or two witnesses to your wedding ceremony. These witnesses must be over the age of 18 and can be close friends or family members. If you don't bring your own witnesses, some courthouses may provide random employees to fulfil this role.

Plan Your Attire

When it comes to what to wear for your courthouse wedding, the choice is entirely yours. You can opt for traditional wedding attire or go for a more casual or non-traditional look. There are no rules when it comes to fashion for your special day, so choose whatever makes you and your partner feel comfortable and happy.

A marriage license is not the same as a marriage certificate

While both documents are required to be legally married, a marriage license is not the same as a marriage certificate. A marriage license is a legal document that allows a couple to marry and must be obtained before the wedding. It is a permit that states that you and your partner are legally allowed to marry. It is issued by a state authority, such as a county court, and acts as confirmation that there are no legal qualifications that would disqualify you from marrying. The cost of a marriage license varies from state to state, ranging from $35 to $150. It is important to note that marriage licenses are only valid for a limited period, typically between 30 days and 90 days. Therefore, it is recommended to apply for the license at least one week before the wedding but not too early to avoid expiration.

On the other hand, a marriage certificate is an official document that proves you are legally married and is issued after the marriage has taken place. The certificate records the date, time, and place of the wedding, as well as the officiant's name. It is required for various legal purposes, such as changing your name, sharing health benefits, filing taxes, and applying for loans or mortgages. The cost of obtaining a marriage certificate ranges from $5 to $26, depending on the state. In some states, the marriage certificate is automatically sent to the newlyweds, while in others, the couple must request a copy.

You must understand the legal requirements in your jurisdiction

Understanding the legal requirements in your jurisdiction is crucial before planning a courthouse wedding. These requirements can vary depending on your location, so it's essential to research the specific laws and regulations of the state, county, or country where you intend to tie the knot. Here are some key considerations:

Marriage License

Obtaining a marriage license is a fundamental step in the process. This license is different from a marriage certificate and serves as an application to get married. The requirements for obtaining a marriage license can vary by jurisdiction but typically include providing valid government-issued photo identification, such as a driver's license, naturalization certificate, or passport. If either party has been previously married, you will also need to present a copy of the final dissolution or divorce papers. There may be a waiting period between applying for and receiving the marriage license, ranging from a few hours to several days, so be sure to plan accordingly. Additionally, marriage licenses usually have an expiration date, so schedule your wedding within the valid timeframe.

Witnesses

Most jurisdictions require at least one witness, and some may require two. Choose someone close to you and your partner to fulfil this role, as their signature will be needed on the marriage certificate. Witnesses can also help with bringing in decorations and taking photographs.

Fees and Officiants

There may be fees associated with obtaining the marriage license and the marriage ceremony itself. These fees can vary by location, so check with your local courthouse. In most cases, a judge or court clerk will officiate the ceremony, but you may be able to bring your own officiant if allowed by the courthouse.

International Considerations

If you're considering a courthouse wedding overseas, be aware that some countries may not acknowledge your marriage when you return home. It's important to understand the local residency requirements and marriage license laws of your chosen destination. Many American couples opt for a legal wedding in their home state before having a ceremonial wedding abroad.

Timing and Scheduling

Courthouse weddings are typically brief, lasting around 10 to 20 minutes. They are often held during business hours on weekdays, so plan accordingly. Schedule your wedding date and time in advance, keeping in mind any waiting periods or approval processes for your marriage license.

Personalization

While courthouse weddings are simpler, you can still incorporate personal touches. Consider writing personalized vows, exchanging rings, or including special songs or readings. You may also be able to bring decorations, flowers, or a guest book, but be sure to check with the courthouse beforehand.

Remember, the specific legal requirements may differ depending on your jurisdiction, so always refer to the local laws and regulations to ensure your courthouse wedding is legally binding and adheres to all necessary procedures.

You must bring a witness over the age of 18

A courthouse wedding is a great option for couples who want to avoid the cost and hassle of a traditional wedding. It is a non-religious ceremony that allows you to legally marry your partner. While it may seem simple, a courthouse wedding offers a unique and intimate way to exchange vows and create lasting memories.

One important thing to remember when planning a courthouse wedding is that you must bring a witness over the age of 18. This is a legal requirement for the marriage to be valid. Some courthouses only need one witness, while others will require two—one each for the couple getting married. It is important to confirm the requirements of the specific courthouse where you will be having your ceremony.

If you don't have someone who can be a witness for your courthouse wedding, don't worry! You have a few options. You can ask a close friend or family member to fulfil this role, or you can even ask your photographer to be your witness. This person should be someone you feel close to and who can also help you with the logistics of the day, such as bringing in decorations or taking photos.

In some cases, if you don't bring your own witness, the courthouse may provide one for you. This could be a random employee or someone who is well-practiced at civil ceremonies, such as a judge or justice of the peace. However, it is always best to plan ahead and bring your own witness to ensure that your special day goes smoothly.

By following these guidelines and bringing a witness over the age of 18, you can ensure that your courthouse wedding is a memorable and stress-free experience.

You must pay for your marriage license

A marriage license is a crucial part of getting married at a courthouse. It is a legal document that you and your partner must obtain before the ceremony. Think of it as an application to get married. The specifics will vary based on where your ceremony is held, so it is essential to research the requirements of your chosen location. Here are some key points to keep in mind:

Fees and Payment:

• Payment for your marriage license is typically required as part of the application process, and these prices can vary depending on the location. For example, in Los Angeles County, residents can expect to pay $91 for the marriage license.
• In some places, there may be additional fees for the ceremony itself. For instance, in New York City, couples are required to pay a $25 fee for their marriage ceremony, on top of the cost of the marriage license.
• It is important to note that most marriage licenses have an expiration date, which can range from 30 to 90 days. Therefore, you need to schedule your wedding before the license expires.

Identification and Documentation:

• To apply for a marriage license, both you and your partner will generally need a valid form of government-issued photo ID, such as a driver's license, naturalization certificate, or passport.
• If either party has been previously married and is now divorced, you will need to provide a copy of the final dissolution, also known as divorce papers.
• In some cases, additional documentation may be required, such as social security numbers or certified copies of birth certificates.

Timing and Waiting Periods:

• Obtaining a marriage license usually involves a waiting period between when you receive the license and when you can actually get married. These waiting periods vary by location and can range from 24 hours (in states like Illinois and New York) to several days (such as the 6-day waiting period in Wisconsin).
• It is essential to consider these waiting periods when scheduling your wedding date to ensure that you meet all the legal requirements.

Other Considerations:

• Some states have specific requirements regarding where you can apply for your marriage license. For example, you may need to apply in the same town where you plan to get married or the town where you reside.
• It is a good idea to research the local regulations and contact the relevant city or county clerk's office to understand the specific requirements for your chosen location.
• Keep in mind that marriage licenses are typically valid for a limited period, so you should plan your wedding date accordingly.

Frequently asked questions