A marriage license is one of the most important documents a couple needs to bring to their wedding ceremony. While the requirements for witnesses vary across the United States, most states require one or two witnesses to sign the marriage license. In some states, like Alabama and Arkansas, no witnesses are required. In California, there are two types of marriage licenses: confidential, which needs no witnesses, and non-confidential, which requires one witness but has space for two. In other states like Arizona, Delaware, and Georgia, two witnesses are needed to sign the marriage license. The witnesses must be able to understand and witness the wedding ceremony, and some states require witnesses to be at least 18 years old.
What You'll Learn
Who can be a witness?
The requirements for who can be a witness at a wedding vary depending on the state. While some states require one or two witnesses, others don't require any. In most cases, witnesses must be at least 18 years old, but this also varies by state. For example, in Iowa, witnesses must be over 18 and are required to show ID, whereas in Minnesota, witnesses must be over the age of 16.
Couples can ask anyone to serve as a witness at their ceremony, as long as they meet the age requirements in that state. Usually, the maid of honour and/or best man are chosen as witnesses. However, it can be anyone who the couple wants to honour, such as their parents, grandparents, siblings, or close friends. If a couple elopes, the officiant's spouse or a stranger may be the only option.
In California, there are two types of marriage licenses: confidential and non-confidential. The confidential option requires no witnesses, while the non-confidential option requires one witness but has space for two.
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What do witnesses do?
The role of a witness at a wedding is to observe the wedding ceremony and sign the marriage license or certificate afterward. Witnesses are required to make the marriage official and legal. They are not always necessary, but many states and countries require at least one or two witnesses to be present at the ceremony and to sign the marriage license. In the US, some states require witnesses to be a certain age, typically 16 or 18, and to have proper identification. In the UK, there is no age requirement, but witnesses must be old enough to understand what a marriage is and what a legal ceremony looks like.
Witnesses do not have to be members of the wedding party, and they don't even need to know the couple getting married. However, it is common for the maid of honor, best man, or parents of the couple to act as witnesses. Ultimately, it is up to the couple to decide who they want to honor as their witness(es).
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Are witnesses needed when applying for a marriage license?
In the US, a marriage license is a required document that, once signed by the necessary parties, makes a marriage legal. While witnesses are not needed when applying for a marriage license, they are required to witness the wedding ceremony and sign the marriage license for the union to be considered legal.
Marriage laws and licenses vary across the country, so it is important to check the requirements in your state carefully. Only about half of the states in the country require witnesses for marriage ceremonies. Typically, witnesses must be able to understand and witness the wedding ceremony and sign their names. Their only responsibility is to affirm that the couple is voluntarily entering the union.
The number of witnesses required differs depending on the state. While most states require one or two witnesses, others, like Alabama, Arkansas, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Maryland, Massachusetts, Mississippi, Missouri, Montana, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, and Washington D.C., do not require any witnesses.
If there are witness fields on the marriage license, witnesses must complete their required fields and sign the document. Traditionally, the maid of honour and/or best man act as witnesses, but couples can ask anyone to serve as a witness, as long as they meet the age requirements in that state. In most cases, a witness must be at least 18 years old, but this varies across states.
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How many witnesses are required?
The number of witnesses required for a wedding varies depending on the state and country. Here is a breakdown of how many witnesses are required in different locations:
United States:
In the United States, the number of witnesses required varies by state. Some states, like Alabama, do not require any witnesses at all. Other states, such as Alaska, Arizona, Delaware, Georgia, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Nebraska, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, Washington, Wisconsin, and Wyoming, require two witnesses to be present at the wedding ceremony. Meanwhile, California, Colorado, Florida, Iowa, Nevada, New Jersey, New York, South Dakota, and Tennessee only require one witness. It is important to note that some states, like Georgia, only require witnesses if the person performing the ceremony does not complete the necessary paperwork. Additionally, certain states such as Iowa and New Jersey, mandate that the witness be at least 18 years old and show a form of identification.
United Kingdom:
In the United Kingdom, the law requires that there be two witnesses present at the wedding ceremony. These witnesses must be 16 or older and able to understand the wedding ceremony.
Australia:
In Australia, the law also requires two witnesses to be present at the wedding ceremony. These witnesses must be at least 18 years old.
Canada:
In Canada, the general requirement is to have two witnesses present at the wedding ceremony, and they must be at least 16 years old.
India:
In India, the presence of two witnesses is mandatory at the wedding ceremony, and they must be competent and able to understand the ceremony.
Other Countries:
The number of witnesses required can vary in other countries as well. For example, in France, three witnesses are needed, while in Germany, two witnesses are typically required.
It is always a good idea to check with the local marriage laws or a wedding officiant to confirm the specific requirements for witnesses in your location.
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What happens to the signed license?
So, the wedding ceremony is over, the couple and the witnesses have signed the marriage license, and the officiant has pronounced the couple married. What happens to the signed license now?
Well, the signed marriage license has to be returned to the appropriate office to be filed. In the US, it is the officiant's job to file the license with the local government recording agency. In Canada, the officiant mails the license to Vital Statistics, the agency responsible for recording and registering marriages.
After the license has been filed, the happy couple will receive a marriage certificate, which serves as proof that they are married in the eyes of the law. Depending on where the couple lives, they will either be mailed a certified copy of the marriage certificate or will have to go in person to pick it up. In some places, there may be a fee for this.
Certified copies of the marriage certificate will be needed to change the marital status for insurance (car, health, etc.), Social Security (if one party is changing their name), credit cards, bank accounts, and the IRS. Obtaining three copies of the certified marriage certificate should be sufficient for these tasks, but more can always be ordered from the local county clerk if needed.
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Frequently asked questions
Yes, as long as they meet the age requirements in that state. In most cases, a witness must be at least 18 years old, but this varies by state.
This depends on the state in which the wedding is taking place. Some states require no witnesses, some require one, and some require two.
No, the wedding officiant cannot double as a witness for the purpose of signing the marriage license.
If you don't have a witness, you can hold a second, short, 'license signing ceremony' following your wedding ceremony. This is also known as a 'make it legal' or 'sign and go' ceremony. If your ceremony is in public, you could ask a stranger to step in as a witness.