Notarizing Nuptials: Can Nh Notaries Perform Weddings?

A notary public can perform a wedding ceremony, legally marry a couple, and act as a wedding officiant. However, a notary public is not allowed to marry couples in all states. Only a few states recognize a marriage certificate from a notary, and there are specific requirements that all parties should adhere to for the wedding ceremony to be legally accepted. In the United States, six states allow a notary to act as a wedding officiant: Florida, Maine, Nevada, South Carolina, Tennessee, and Montana. If you get a notary to perform the ceremony outside of these states, your marriage certificate will not be legal unless that notary is also licensed as a wedding officiant in your state.

In New Hampshire, a notary public can marry a couple if they are a Justice of the Peace. A Justice of the Peace in New Hampshire can be a witness (for signatures, etc.) in addition to being able to perform marriage ceremonies. To become a Justice of the Peace in New Hampshire, one must be a New Hampshire resident, have a background check, pay a fee, and be a registered voter in New Hampshire for at least three years.

Who can officiate a wedding in New Hampshire?

If you're planning a wedding in New Hampshire, you'll need to know who can legally marry you. Here's a list of people who can officiate weddings in the Granite State:

• A Justice of the Peace commissioned in New Hampshire.
• Ministers in New Hampshire, either residing in the state or having part of their pastoral charge in the state.
• Ministers living outside New Hampshire can still officiate a marriage in New Hampshire with a license and a fee.
• Certain judges residing in New Hampshire with a license and a fee.
• Any individual can obtain a temporary special marriage license for a fee.
• An ordained deacon in the Roman Catholic Church.
• Any out-of-state minister who wishes to perform a marriage in New Hampshire must obtain a special license from the Secretary of State.

It's important to note that New Hampshire has no major restrictions on how a couple conducts their wedding ceremony. This means that the couple can include any rituals they wish, regardless of religious or spiritual beliefs. However, the officiant must be physically present during the ceremony and cannot solemnize the union by proxy. Additionally, both members of the couple must be physically present, and both must declare their consent to the union before the officiant.

How to Become a Wedding Officiant in New Hampshire

If you're interested in becoming a wedding officiant in New Hampshire, here are the steps you need to take:

• Get ordained online as a minister. There are many organizations that offer ordination, some for free and some for a fee.
• If you're a New Hampshire resident, your status as an ordained minister is all you need to officiate weddings in the state.
• If you're not a New Hampshire resident, you must register with the New Hampshire Secretary of State by completing a simple one-page form and paying a $25 fee.
• Once your application is approved, you will receive a Special License from the Secretary's office, which gives you permission to officiate a single wedding.
• Submit your Special License with the marriage license to the city or town clerk.

Planning a wedding in New Hampshire? Be sure to familiarize yourself with the state's marriage laws and regulations to ensure your special day goes smoothly. And don't forget to choose an officiant who is authorized to perform weddings in the state!

What is a Justice of the Peace?

A Justice of the Peace (JP) is a public officer authorised to preside over a local court of limited jurisdiction, often referred to as a "lay judge" or "magistrate". Justices of the Peace are typically elected or appointed and are not required to be qualified lawyers. Instead, they are given training in the laws that apply in their court after being elected or appointed.

The justice of the peace system was first instituted by King Edward III in the 14th century and was brought to the United States by early settlers. The system was designed to provide small communities with access to the legal system, helping to resolve disputes peacefully.

In the United States, a Justice of the Peace can perform civil marriages and has jurisdiction over minor criminal or civil disputes, including small claims, traffic violations, bail hearings, and criminal misdemeanours. In New Hampshire, a Justice of the Peace can officiate weddings and perform other duties such as administering oaths and issuing search warrants.

How to get a New Hampshire marriage license

To get married in New Hampshire, you must obtain a marriage license from any city or town clerk's office in the state. The process is straightforward and requires minimal documentation. Here is a step-by-step guide on how to obtain a marriage license in New Hampshire:

• Visit a City or Town Clerk's Office: Go to any city or town clerk's office in New Hampshire. You are not required to apply in your town of residence or where you plan to have your wedding ceremony. The clerk's office is usually open from 8:00 AM to 3:30 PM, Monday through Friday, but hours may vary, so it is recommended to check beforehand.
• Complete the Marriage Application Worksheet: Both parties must be present to complete the marriage application worksheet. This cannot be taken home and must be filled out in the clerk's office. You will need to provide the following documents:

• Government-issued photo ID (driver's license, non-driver identification, or passport) for both individuals.
• Certified copy of birth certificate for both individuals.
• Certified copy of legal name change if either party has changed their name since birth.
• Certified copy of the document ending the most recent marriage (death certificate, divorce decree, or annulment decree) if either party was married previously.
• Photocopies or faxes of these documents are not accepted. Documents in languages other than English require a certified translation.

Provide Required Information: Along with the documentation, you will need to provide the following information during the application process:

• Social Security Number (if available) for both individuals.
• Fathers' full name and state of birth for both individuals.
• Mothers' full maiden name and state of birth for both individuals.

• Pay the Marriage License Fee: There is a state-set fee of $50 for the marriage license. This can be paid in cash or by debit/credit card. Checks are not accepted.
• Receive the Marriage License: If all the requirements are met, you may receive your marriage license the same day. The license is valid for 90 days from the date of issuance and can be used for a ceremony anywhere in New Hampshire. There is no longer a waiting period after receiving your marriage license, so you can get married on the same day if desired.

It is important to note that New Hampshire requires an approved officiant to perform the marriage ceremony. This can be a member of the clergy, a Justice of the Peace, or an individual certified to perform the ceremony. Additionally, both parties must be at least 18 years old to marry. Minors aged 16 and 17 can seek special permission, while anyone under 16 cannot be married in New Hampshire.

Can a notary public marry a couple?

A notary public can perform a wedding ceremony and act as a wedding officiant, but this is not the case in all states. Only a handful of states recognize a marriage certificate from a notary, and there are specific requirements that all parties should adhere to for the wedding ceremony to be legally accepted.

Florida, Maine, Nevada, South Carolina, Tennessee, and Montana are the only states that currently allow a notary to act as a wedding officiant. Even if the notary isn't licensed as an officiant within these states, the marriage is still recognized as legal.

If the couple is from another state, a notary public cannot marry them unless that notary is also licensed as a wedding officiant in the couple's state.

A notary public can perform the traditional aspects of a wedding ceremony, including the marriage vows and completing the related matrimonial documentation, such as signing the marriage license and delivering it to the county clerk's office to obtain the marriage certificate.

The requirements vary by state, but generally, the notary must be licensed by the state in which they are officiating the wedding. In some cases, they may need to obtain a temporary one-day marriage designation or get ordained to perform the wedding along with their standard notary duties.

Having a notary public officiate a wedding can streamline the paperwork process as they can also notarize signed marriage licenses and other documents. This can remove some of the hassles of getting married, allowing the couple to focus on their special day.

The costs for notary marriage services vary and are at the discretion of the notary public. The usual fees for regular notarial services range from $5 to $25, but marrying a couple is typically a separate service with its own fee structure.

What are the requirements for a notary to officiate a wedding?

A notary public can perform a wedding ceremony, legally marry a couple, and act as a wedding officiant. However, there are only six states that currently allow a notary to act as a wedding officiant: Florida, Maine, Nevada, South Carolina, Tennessee, and Montana. If you are in one of these states, here are the requirements for a notary to officiate a wedding:

• The notary must be licensed in the state where the wedding is taking place.
• The notary must be on official commission from the state.
• The notary must complete the notarization process to make the marriage certificate official.
• The notary must return the marriage license to the issuing clerk's office within the required time frame, which varies by state.
• The notary must ensure that the couple meets the state's requirements for marriage, such as age and residency.
• The notary may need to witness the signing of the marriage license.
• The notary may need to provide other notarization services related to the marriage, such as notarizing life documents, certified copies of the wedding license, and documents for name changes.

If you are not in one of the six states that allow notaries to officiate weddings, a notary can still perform the ceremony if they are also licensed as a wedding officiant in your state. In this case, they would need to follow the requirements and procedures for wedding officiants in your state.

Frequently asked questions