Michigan Weddings: Current Rules And Regulations

If you're planning a wedding in Michigan, there are a few things you should know. Michigan's natural beauty and bustling cities make it an ideal place for a wedding, with a range of venues to choose from. The legal requirements for marriage in Michigan are relatively straightforward, but it's important to understand them before finalizing your plans. Here's an overview of what you need to know about getting married in Michigan.

Marriage license requirements

To obtain a marriage license in Michigan, you must follow these steps:

• Apply for the license: Visit the County Clerk's Office in the county where one of the applicants resides. If both applicants are non-residents of Michigan, apply in the county where the marriage ceremony will be held.
• Submit required documentation: Provide proof of residency, such as a valid driver's license, state ID, or utility bill. Also, present a certified copy of your birth certificate or passport. Social Security Numbers for both applicants are required. If you don't have a Social Security number, you must sign an affidavit.
• Complete the application: Fill out the marriage license application, which is typically in the form of an affidavit. Provide information such as your full name, birth records, gender, number of previous marriages, and current address.
• Pay the application fee: The cost of the marriage license application varies depending on residency. For Michigan residents, the fee is usually $20, while for out-of-state residents, it is often $30.
• Wait for the processing period: There is typically a three-day waiting period after submitting your application before you can obtain your marriage license. This waiting period can be waived in certain cases, but it may require an additional fee.
• Pick up the license: After the waiting period, return to the County Clerk's Office to collect your marriage license.
• Adhere to the validity period: Marriage licenses in Michigan are typically valid for 33 days from the date of application. Ensure your wedding takes place within this timeframe.
• Return the completed license after the ceremony: Once married, it is the couple's responsibility to return the completed marriage license to the issuing County Clerk within 10 days of the ceremony.

Please note that the specific requirements and fees may vary slightly between counties in Michigan, so it is always a good idea to check with your local County Clerk's Office for the most accurate and up-to-date information.

Consent and age restrictions

To get married in Michigan, you must be able to consent to the union. This means that someone who is drunk, under the influence of drugs, or has another type of mental infirmity cannot legally agree to marriage.

The legal age for marriage in Michigan is 18. No one under the age of 16 can legally marry. If you are 16 or 17, you will need the consent of at least one parent or legal guardian. If you are 15 or younger, you will have to wait a few years before you can legally marry.

If you are a Michigan resident, you must apply for a marriage license in the county where you live. If you are not a resident of the state, you can still get a Michigan marriage license, but you must pay an additional fee. Each person must provide photo identification, a certified copy of their birth certificate, and their parents' names and counties where they were born. If either of you were married previously, you must provide the date of the divorce; if it was within the last six months, you must provide proof of the divorce. The fee for a marriage license is generally $20, but it is best to confirm this with your county clerk.

There is a three-day waiting period once the license is issued before it is valid. After this period expires, the license remains valid for 33 days from the date of the application.

Who can solemnize a marriage

Michigan Compiled Laws § 551.7 specifies who can solemnize a marriage. This includes all ministers, including online ordained ministers of American Marriage Ministries, as well as certain elected and appointed government officials. These are:

• A judge of the district court, anywhere in the state.
• A district court magistrate, anywhere in the state.
• A municipal judge, in the city in which the judge is serving or in a township over which a municipal court has jurisdiction.
• A judge of probate, anywhere in the state.
• A judge of a federal court.
• A mayor of a city, anywhere in a county in which that city is located.
• A county clerk in the county in which the clerk serves, or in another county with written authorization from the other county's clerk.
• For a county with more than 1,500,000 inhabitants, an employee of the county clerk's office designated by the county clerk, in the county in which the clerk serves.
• A minister of the gospel or cleric or religious practitioner, anywhere in the state, if the minister or cleric is ordained or authorized to solemnize marriages according to the usages of their denomination.
• A minister of the gospel or cleric or religious practitioner, anywhere in the state, if the minister or cleric is not a resident of Michigan but is authorized to solemnize marriages under the laws of the state in which they reside.

As of April 2020, Michigan also considers CFI-trained and certified Secular Celebrants to be authorized persons to solemnize a marriage.

Witnesses and officiants

Witnesses:

At least two adult witnesses, who have reached the age of majority (18 years or older), must be present during the wedding ceremony. Their presence is essential to legally validate the marriage. The witnesses sign the marriage certificate, attesting to the ceremony's occurrence and the couple's consent to the union.

Officiants:

The officiant, also known as the person who solemnizes the marriage, plays a pivotal role in the wedding ceremony. Michigan law grants the authority to solemnize weddings to various individuals, including:

• Mayors
• Judges
• Magistrates
• Ministers
• Clerks
• Certain religious practitioners

To be eligible to officiate a wedding in Michigan, an individual must be at least 18 years old and ordained by a religious organization, such as the American Marriage Ministries or the Universal Life Church. Michigan law does not require officiants to register with any government office before performing marriages.

However, it is important for officiants to keep personal records of their official ministry credentials, as proof of ordination may be requested by the couple, government officials, or the wedding venue. The officiant is responsible for ensuring that the couple obtains a marriage license from the appropriate county clerk and completing the marriage certificate with the necessary information, including the names and residences of the witnesses.

In summary, while Michigan offers flexibility in choosing witnesses and officiants for a wedding ceremony, adhering to the legal requirements of these roles is essential to ensure the validity of the marriage.

Same-sex marriage

Prior to this, Michigan had a long history of not supporting gay marriage. In 1995, the Michigan House of Representatives and the Michigan State Senate voted to ban same-sex marriage in the state, and a bill was approved to ban the recognition of out-of-state same-sex marriages. In 1996, a statute was enacted that banned both the licensing of same-sex marriages and the recognition of same-sex marriages from other jurisdictions. In 2004, voters approved a constitutional amendment, Michigan Proposal 04-2, that banned same-sex marriage and civil unions in the state.

Despite this, in March 2014, a U.S. district court ruled that Michigan's denial of marriage rights to same-sex couples was unconstitutional, and over 300 same-sex couples married before the ruling was stayed by the Sixth Circuit Court of Appeals. In June 2015, Representative Jason Morgan introduced legislation to amend all gendered marital references in state statutes and repeal the statutory ban on same-sex marriages. Finally, on June 26, 2015, the U.S. Supreme Court's ruling legalised same-sex marriage in Michigan, and couples rushed to county clerks' offices to secure marriage licenses.

With the legalisation of same-sex marriage, same-sex couples in Michigan gained the same rights as heterosexual married couples in areas such as insurance, hospital visitation, estate planning, and spousal rights and benefits. Same-sex couples are also now able to participate in joint adoptions and tax filing.

Frequently asked questions