Judicial Wedding Attendance: Location Constraints And Considerations

can a judge go anywhere for a wedding

A judge can perform a wedding ceremony in any location, public or private, as long as the couple has obtained a marriage license. This means that couples can get married in a courthouse, at a park, on a beach, in a restaurant, or even in their backyard. Courthouse weddings are presided over by legal representatives, such as a judge or court clerk, and are a great option for those who want a unique, personal, and low-cost experience. While some couples prefer the traditional setting of a church or banquet hall, others may opt for a non-traditional location, making it a flexible and customizable option.

Characteristics Values
Location Courthouse weddings can take place in a courthouse or city hall, but the specific location can vary. Some locations allow couples to get married anywhere in the state.
Legal Status Courthouse weddings are legally recognised as valid marriages for marriage certificates and green card applications.
Officiant A legal official, such as a judge or court clerk, presides over the ceremony.
Cost Courthouse weddings are less expensive than traditional weddings, with marriage license fees ranging from $20 to $100. The cost of the ceremony is set by the individual judge and must be paid in cash.
Planning Courthouse weddings are straightforward to plan and do not require a wedding planner. Couples must obtain a marriage license, gather necessary documents, and schedule a date.
Guests Guest capacity varies depending on the courthouse. Some locations allow only a handful of guests, while others may accommodate more. Witnesses are required, usually at least one but sometimes two.
Photography Photography policies differ depending on the courthouse. Some allow photos and videos, while others prohibit them.
Timing Courthouse weddings are typically quick, lasting around 10-20 minutes. There may be waiting periods between receiving the marriage license and the wedding date, ranging from 24 hours to 6 days.

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Marriage license requirements

Documents

You will need to present various documents to obtain a marriage license. These may include:

  • Valid government-issued photo ID (e.g., driver's license, passport)
  • Birth certificate (original or certified copy)
  • Certificate of No Marriage (CENOMAR)
  • Proof of residence (e.g., utility bill, lease agreement)
  • Divorce or annulment papers, if applicable
  • Death certificate of previous spouse, if applicable
  • Parental consent or advice, if applicable
  • Certificate of Compliance and/or Certificate of Marriage Counselling
  • Certificate of Legal Capacity to Marry, if a foreigner

Application Form

You will need to fill out a marriage license application form. This will require basic information such as your name, your partner's name, date of birth, address, and parents' names. Some jurisdictions may allow you to complete this form online, while others will require you to do it in person.

Fees

Obtaining a marriage license typically incurs a small fee, which can range from $20 to $100 USD or the equivalent in your local currency. This fee is usually paid to the local clerk when submitting your application.

Waiting Period

After submitting your application, there is typically a waiting period before the marriage license is issued. This can vary from a few days to a couple of weeks. Some states also have a mandatory waiting period between receiving your marriage license and the wedding ceremony, which can range from 24 hours to 6 days.

Witnesses

You will need at least one witness for your wedding ceremony. Some locations may require two witnesses. Witnesses must be over the age of 18 and can be anyone you choose, such as a close friend or relative.

Validity

Marriage licenses are usually valid for a specific period, often ranging from 30 to 120 days. Ensure that you schedule your wedding within this timeframe, or you will need to reapply for a new license.

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Applying for a marriage license

Contact the Relevant Authority:

Get in touch with your local courthouse or the designated office, such as the city or county clerk's office, to understand the specific requirements and steps for obtaining a marriage license in your area. They will guide you on the necessary documents and procedures.

Gather the Necessary Documents:

You and your partner will typically need to provide valid government-issued photo identification, such as a driver's license, passport, or birth certificate. If either of you has been previously married, you will also need to provide proof of divorce, death, or annulment. Additionally, some locations may require your Social Security number, proof of residency, and your parents' full names and birth dates.

Complete the Application:

Fill out the marriage license application form, which is typically available online or in person. The form will require basic information such as your names, dates of birth, and addresses. In some cases, you may also need to provide information about your parents.

Pay the Fee:

There is usually a fee associated with applying for a marriage license, which can range from $20 to $150, depending on the location. Check with the relevant office to confirm the accepted payment methods and amount.

Submit the Application:

Once you have gathered all the necessary documents and completed the application, submit your application to the appropriate office, ensuring that both you and your partner are present. The processing time may vary, so be sure to factor in this wait time when planning your wedding.

It's important to note that a marriage license is different from a marriage certificate. The license is the application to get married and must be obtained before the ceremony. After the wedding, you will receive the marriage certificate, which serves as official proof of your marriage.

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Necessary paperwork

Before the wedding ceremony, it is important to gather all the necessary documents. The specifics may vary based on location, but here are some key documents that are generally required:

  • Marriage License: This is a legal document that you and your partner must obtain before the ceremony. It serves as an application to get married and is different from the marriage certificate. In some places, there may be a waiting period between receiving the marriage license and the wedding date. It is important to plan accordingly and obtain the license before it expires.
  • Valid Government-Issued Photo ID: This can include a driver's license, naturalization certificate, or passport.
  • Divorce Papers: If either party has been previously divorced, a copy of the final dissolution papers is required.
  • Payment for the Marriage License: The cost can vary, so it is advisable to check with the local courthouse or clerk's office to confirm the fee.
  • Social Security Number: In some locations, this may be required in addition to the photo ID.
  • Witnesses: At least one witness over the age of 18 is typically required. Some locations may require two witnesses.
  • Marriage Certificate: After the wedding ceremony, the signed marriage license is returned, and you will receive the marriage certificate, which serves as the official record of your marriage.

It is essential to contact the local courthouse or clerk's office to confirm the specific requirements and gather all the necessary paperwork in advance of the wedding ceremony. This ensures a smooth and stress-free process on your special day.

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Scheduling the wedding date

  • Research the requirements: Different locations have varying rules regarding marriage licenses. Some states require you to apply for your license in the town where the wedding will take place, while others may have specific waiting periods or expiry dates for the license. It's essential to research these requirements before scheduling your wedding date.
  • Consider the judge's availability: In some courthouses, you may be able to book a specific date and time for your ceremony. However, in other places, judges perform weddings after regular court hours or on specific days of the week. It's important to check the availability of the judge who will be officiating your wedding.
  • Be mindful of busy days: If you want a quiet and intimate ceremony, avoid scheduling your wedding on popular calendar dates like Valentine's Day, Halloween, or days with numerological significance. These tend to be the busiest days for weddings, and you may face longer wait times.
  • Factor in the waiting period: After receiving your marriage license, some states require a waiting period before you can get married. This waiting period can range from 24 hours to several days, so be sure to take this into account when scheduling your wedding date.
  • Check for any location-specific considerations: Some courthouses may have unique rules or limitations. For example, the Ironwood Justice Court in Gila Bend, Arizona, does not hold marriage ceremonies on-site, so you would need to arrange an alternative location.
  • Be flexible: Keep in mind that judges are busy professionals with varying schedules and caseloads. You may need to call multiple judges or courthouses to find one that can accommodate your preferred wedding date. Alternatively, you may need to adjust your desired date to fit the judge's availability.

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Ceremony customs

A courthouse wedding is a non-religious ceremony that allows you to legally marry your partner. It is presided over by a legal official, such as a judge or court clerk. In the US, a courthouse wedding grants you a marriage certificate that is recognised as valid by the US government when applying for a marriage green card.

The specifics of the ceremony will vary based on location, but here are some key points to keep in mind:

  • Location: You can get married almost anywhere in the US, but the requirements will vary. Some states require you to apply for your marriage license in the same town where the ceremony will take place.
  • Marriage License: You will need to obtain a marriage license before your ceremony. This is a legal document that you and your partner must obtain from your local circuit court. There may be a waiting period between receiving your marriage license and when you can get married, which can vary from 24 hours to 6 days. Marriage licenses also have expiration dates, so you need to schedule your ceremony before the license expires.
  • Documents: You will need to gather the necessary documents to obtain a marriage license, such as a valid government-issued photo ID, birth certificate, and Social Security number.
  • Witnesses: You will need at least one witness over the age of 18 to sign your marriage license. Some locations may require two witnesses.
  • Photography: Most courthouses allow photography during the ceremony, but be sure to check in advance.
  • Attire: You can be as formal or casual as you like.
  • Guests: The number of guests allowed will vary depending on the courthouse. Some places allow only a handful of guests, while others may accommodate more.
  • Timing: Civil marriage ceremonies usually only take about 10-20 minutes.

In some locations, such as Maricopa County in Arizona, weddings are a discretionary function for judges and will not interrupt or delay any court proceedings. Weddings may be conducted after 5 pm, and you may need to make an appointment in advance.

It is important to note that each courthouse may have its own unique customs and requirements, so be sure to research the specific location where you plan to have your ceremony.

Frequently asked questions

No, a judge will usually marry couples in a courthouse or city hall. However, there are some exceptions, such as a retired judge who may be able to travel to a location of your choice.

In some locations, you can walk into a courthouse and get married. However, it is always best to make an appointment to ensure the judge is available and to avoid disappointment.

You will need to obtain a marriage license and have valid identification. Some locations may require additional documents, such as divorce papers. There may also be a fee to pay for the marriage license and the ceremony.

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