Tennessee Notary Weddings: Legal Or Not?

Can a Notary Perform a Wedding in Tennessee?

In the state of Tennessee, notaries public are authorized to solemnize marriage vows and officiate wedding ceremonies. This is a service that is only offered in four other states: Florida, Maine, Montana, and South Carolina. The law allowing notary publics to perform marriages was enacted on April 28, 2021, by Governor Bill Lee, who signed Senate Bill 509 into effect immediately. The benefits of having a notary perform a wedding ceremony include their ability to travel to the couple's chosen venue and their relatively affordable cost.

Who can officiate a wedding in Tennessee?

Tennessee is one of only five states that allow notaries to officiate wedding ceremonies. The others are Florida, Maine, Montana, and South Carolina. This means that a Tennessee notary public can solemnize marriage vows and perform the marriage itself. This law came into effect on April 28, 2021, when Governor Bill Lee signed Senate Bill 509.

There are no additional provisions to regulate how Notaries perform marriages, but they must follow the rules required of all officiants. This includes confirming the validity of the marriage license, completing and signing the license, and returning it to the County Clerk within three days of the wedding.

In Tennessee, any of the following individuals can also officiate your wedding:

• An ordained minister, preacher, rabbi, and other religious leaders
• Members of county and municipal legislative bodies
• Speakers of the Senate and speakers of the House of Representatives
• Law enforcement and military chaplains

Before you can get married in Tennessee, you and your partner will need to visit your local county clerk’s office and apply for a license. You should bring personal identification documents such as a valid driver’s license, passport, and birth certificate. If you’ve been married before, you’ll need the date of your divorce or the date your spouse passed away. The license is valid for 30 days and there is no waiting period, so you can get married as soon as you have the license.

What are the benefits of a notary wedding?

As of April 28, 2021, notary publics in Tennessee are allowed to perform marriage ceremonies. A notary public can legally marry a couple, acting as a wedding officiant.

There are several benefits to choosing a notary public to officiate your wedding:

Place of Celebration

The couple can decide where they want to celebrate their wedding (at home, in a reception room, outdoors, etc.). The choice of venue is flexible, as long as it is suitable for the celebration. This is in contrast to civil marriages, which typically take place in a courthouse or city hall.

Access to Legal Advice

Notaries can provide legal advice on matrimonial regimes, the legal consequences of marriage, civil union contracts, testaments, and more. Couples can ask questions about these important topics directly to the notary during the wedding planning process or in the following days.

Flexibility in Timing

A notary can marry a couple on any day of the week, including weekends, and until 10 pm. This offers more flexibility than a courthouse clerk, who would typically only be available during office hours, Monday to Friday, and sometimes Saturday.

Shorter Delay of Celebration

With a notary as the officiant, the time between the decision to marry and the wedding ceremony can be shortened to as little as 20 days, which is the legal delay for the publication of the notice of marriage. This is significantly faster than waiting for a courthouse ceremony, which can take much longer.

Streamlined Paperwork

A notary public can also help with the paperwork associated with getting married, including notarizing signed marriage licenses and other documents. This can streamline the process, removing some of the administrative burden and allowing the couple to focus on their special day.

Cost-Effectiveness

The cost of hiring a notary public for a wedding ceremony varies and is typically at the discretion of the notary. Regular notary services usually range from $5 to $25, so couples can expect a reasonable fee for the notary's services.

What are the legal duties of a wedding officiant?

In Tennessee, a wedding officiant's legal duties include filling out and returning the marriage license to the issuing county clerk within three days of the wedding ceremony. This process involves four steps:

Ask the Couple to Present Their Marriage License

Before the wedding, the officiant should ask the couple to bring their marriage license to the ceremony. It is recommended to remind the couple about this the day before the wedding.

Confirm That the Marriage License Is Valid

The officiant should check that the marriage license is still valid. In Tennessee, marriage licenses expire 30 days after being issued, so the wedding must take place within this time frame.

Complete and Sign the Marriage License

The officiant is responsible for filling out their portion of the license, signing it, and ensuring that the couple also signs it. No witnesses are required to sign the marriage license in Tennessee. The officiant should enter "Minister" as their title, "American Marriage Ministries" as the church name, "Non-Denominational" (unless a specific religious tradition is being followed), and "Religious" as the ceremony type.

Return the Marriage License to the County Clerk

The marriage license must be returned to the issuing county clerk's office within three days of the wedding. The minister could face Class C misdemeanour charges if they fail to do so.

In addition to the above duties, a wedding officiant in Tennessee must also ensure that the couple gives their verbal consent to marry and accepts each other as spouses during the ceremony. The officiant must then pronounce the couple as married.

How do you become a notary in Tennessee?

Since 28 April 2021, notary publics in Tennessee have been authorised to solemnise marriage vows. This change came about when Governor Bill Lee signed Senate Bill 509 into law.

If you want to become a notary in Tennessee, you must meet the following requirements:

• Be 18 years old or older
• Be a U.S. citizen or legal permanent resident
• Reside in Tennessee or maintain a principal place of business in the state
• Be able to read and write in English
• You cannot serve in the military, be a member of Congress, or hold an office of profit or trust under any foreign power, other state or the United States
• You must not have been convicted of bribery, larceny or certain other offences unless your rights of citizenship have been restored
• You must not have unpaid judgments to the United States, Tennessee or any Tennessee county, nor owe money to the state or federal treasury

You will also need to complete the following steps:

• Obtain and complete an application from your County Clerk's office, or fill out your state application online via the Tennessee County Clerk website.
• Submit the completed application to your County Clerk, along with the application fee.
• Be elected by the county legislative body (county commission) in the county in which you reside or maintain your principal place of business.
• Secure a surety bond (these are available through Tennessee insurance companies/agencies that sell surety bond coverage).
• Provide proof of the bond to the County Clerk.
• Collect your Notary Commission from the County Clerk's office.
• Obtain your Notary seal.

What is the cost of a notary wedding?

Tennessee is one of the few states that allow notary publics to officiate at weddings. In fact, only four other states (Florida, Maine, Montana, and South Carolina) allow their notaries to provide this service.

The cost of a notary wedding in Tennessee is based on how far the notary has to travel. You will pay the notary fee, as well as reasonable travel costs to your wedding venue. For example, Superior Notary Services charges a $25 minimum courier fee if applicable.

The benefit of having a notary perform your wedding is that they will travel to your location. A judge or other public official might only marry couples in a courthouse, and religious figures often officiate weddings in chapels or other places of worship. A notary, however, will go wherever your chosen venue is.

In addition to officiating the wedding, a Tennessee notary public can perform other duties to help your day go smoothly. They can also notarize any other documents that need to be validated, including paperwork for name changes, life documents, and certified copies of the marriage certificate.

Frequently asked questions