How To Legally Secure Your Marriage Post-Wedding

Getting married involves several steps, and it's easy to forget or overlook some of the legal requirements. In California, for example, it is required by law to obtain a marriage license before the wedding ceremony. However, some couples may find themselves in a situation where they forgot to obtain a license or were misinformed about the necessity of having one. In such cases, it is possible to obtain a marriage license after the wedding ceremony, but it will require performing another wedding ceremony thereafter. This situation is not uncommon, and wedding officiants are usually aware of the necessary steps to rectify the oversight.

Marriage license requirements vary by state

Marriage license requirements do vary by state, and it's important to check with your local marriage license bureau, county clerk's office, or town clerk's office for the most up-to-date information. Here is a general overview of the requirements and how they differ across states.

Documents

In most states, you will need to present some or all of the following documents:

• Driver's license or other photo ID
• Social Security card or Social Security number
• Affidavit with proof of residence
• Passport or green card if not a U.S. citizen
• Birth certificate to show your age
• Proof of parental consent and/or court consent if underage
• Death certificate if widowed, or divorce decree if divorced
• Blood test results (not all states require these)

Application

To complete the application for a marriage license, one or both spouses must appear in person at a courthouse, city hall, or town office. Both parties must be present for the marriage ceremony in many states. A fee is payable at the time of application, and there may be a waiting period of up to a week between the issuance of the license and the date of the wedding.

Validity

Marriage licenses are typically valid for a set period, and this differs by state. For example, in California, the license is valid for 90 days, whereas in Wisconsin, it is only valid for 30 days.

Ceremony

The marriage ceremony must be performed by an authorized person, and some states require the presence of one or two witnesses age 18 or older. After the ceremony, the officiant must file the marriage certificate with the relevant county or state agency.

You can get married without a license but won't be legally married

It is possible to have a wedding ceremony without a marriage license, but the marriage will not be legal. Marriage licenses are a requirement for a legal marriage in California, and the license must be issued within 90 days of the wedding ceremony.

If you have a wedding ceremony without a license, you will not be considered legally married. This means that you will not be able to access any of the legal benefits of marriage, such as tax breaks or shared benefits via employment as a spouse.

If you choose to have a ceremony without a license, be aware that in many states, it is considered a misdemeanor for an officiant to perform a wedding ceremony without a marriage license. Additionally, presenting yourself as married without a license may be considered fraud in some places.

If you forgot to obtain a marriage license before your wedding or were unaware that you needed one, you can still rectify the situation. In California, you can work with an officiant to obtain a marriage license and then have another wedding ceremony. This type of license is called a California confidential marriage license and will be sealed from public view, so no one will know that your legal marriage took place on a different day than your public celebration.

You can get a marriage license after your wedding but must have another ceremony

It is possible to obtain a marriage license after your wedding, but you must have another ceremony. In California, for example, a marriage license must be purchased before the wedding ceremony. This license is a permit to get married and is required for the marriage to be legal.

If a couple forgets to obtain a marriage license before their wedding or was misinformed about the necessity of having one, they can still obtain a license after the fact. In California, an officiant can issue a marriage license after a wedding ceremony and then immediately officiate another wedding ceremony to legalise the marriage. This type of license is called a California confidential marriage license and is sealed from public view, so no one needs to know that the legal marriage took place on a different day than the "public" marriage.

The process of obtaining a marriage license and getting married typically involves multiple steps. In addition to obtaining the license, the couple must have a ceremony officiated by an authorised person. After the ceremony, the signed marriage license must be returned to the county clerk, who will provide the couple with a marriage certificate. This certificate proves that the couple exchanged vows and legally tied the knot.

It is important to note that the specific rules and requirements for marriage licenses and ceremonies may vary depending on the location, so it is essential to research the relevant laws and regulations for your area.

You must get your marriage license before your wedding in California

If you're planning to get married in California, you'll need to obtain a marriage license before your wedding ceremony. Here's a detailed guide on what you need to know and do to make sure your special day goes smoothly.

Types of Marriage Licenses in California

There are two types of marriage licenses in California: a public marriage license and a confidential marriage license. Each has different requirements and nuances, so it's important to understand the differences before applying.

Public Marriage License

A public marriage license is a public record, which means anyone can request certified copies of the document by paying the required fee. This type of license requires at least one witness to be present at the ceremony, and up to two witnesses can sign the document. There are no restrictions on where the couple lives, and it does not require them to live together before marriage. It is valid for 90 days before it expires, and the marriage ceremony must take place within that time frame.

Confidential Marriage License

A confidential marriage license, on the other hand, is a confidential record. Only the married couple can request certified copies of the document by presenting their IDs and paying the fee. For anyone else to obtain a copy, they would need to present a court order. To apply for this type of license, the couple must be living together at the time of application and sign an affidavit to that effect. No witnesses are required for the ceremony or to sign the license. This type of license is also valid for 90 days, and the marriage must take place within that period.

Where and When to Apply

You can apply for your marriage license at any County Clerk's office in California. It is recommended to call ahead and check if appointments are necessary, as some offices may have long lines. Both parties must apply in person and bring valid photo identification, such as a driver's license or passport. Some counties may also request certified copies of birth certificates. The marriage license is valid for 90 days from the date of issue, so you must obtain it within this timeframe before your wedding. There is no waiting period, so you will receive your license immediately.

Documentation and Costs

In addition to photo identification, there are a few other documents you may need to bring. These include proof of identity and age (both parties must be at least 18 years old), proof of divorce or annulment if previously married, and, in some cases, proof of the former spouse's death. The cost of applying for a marriage license varies by county, ranging from $57 to $144, and some counties only accept cash payments.

After the Wedding

Once you have exchanged your vows, your officiant will fill out and sign the paperwork. For a public marriage license, the authorized individual will also gather signatures from the couple and the witness(es). Within 10 days after the wedding, the officiant must return the document to the county clerk's office for filing. After the document is stored, you can purchase certified copies of your marriage certificate online, by mail, or in person for an additional fee.

You must return your signed marriage license to the county clerk

While the exact steps for registering a marriage differ depending on the location, the general rule is that the signed marriage license must be returned to the county clerk. This is because the marriage license is the document that proves you are legally allowed to marry, while the marriage certificate confirms that you have exchanged vows and are now legally married.

In most cases, the officiant of the wedding is responsible for returning the signed marriage license to the county clerk, either by mail or in person. However, if a friend or family member is officiating the wedding, the couple may need to take responsibility for this task. It is important to confirm these details with the officiant before the wedding ceremony takes place.

The deadline for returning the signed marriage license also varies by location, but it is typically around ten days. In some areas, late submissions may be accepted for an additional fee. It is important to research the specific requirements for your location to ensure that the documents are filed correctly and that your marriage is legally recognised.

In San Francisco, for example, if you have a public marriage license from the County Clerk, you must return your signed license to the Office of the Assessor-Recorder. On the other hand, if you have a confidential marriage license, you must return the signed license to the Office of the County Clerk.

Frequently asked questions