Notary Publics And Wedding Licenses: What's The Deal?

A notary public can officiate weddings, legally wed couples, and perform other wedding-related duties. However, this is not the case 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 some states, a notary can also issue a confidential marriage license, but only if they are approved by their county to do so.

Can a notary public marry a couple?

When it comes to officiating a wedding ceremony, a notary public is indeed an option, but only in a few states. In the US, there are specific states that allow a notary to act as a wedding officiant and sign the marriage license, recognising the marriage as legal. These states include Florida, Maine, Nevada, South Carolina, Tennessee, and Montana. If you live outside of these states, a notary public cannot legally marry you without taking additional steps.

What a notary public is

A notary public is a licensed professional who verifies signatures and identities on documents. They are responsible for ensuring that documents are legitimate and adhere to state laws and regulations. While they typically handle financial, legal, and vehicle documents, they can also play a role in wedding ceremonies and related paperwork in certain states.

The process of getting married by a notary public

If you choose to have a notary public officiate your wedding, there are a few things to keep in mind. First, ensure that your marriage is valid by meeting the legal requirements and obtaining a marriage license from your local county clerk's office. It's important to note that the notary public must be from the state where you are getting married and cannot marry out-of-state couples. Additionally, the marriage license must be notarised within its validity period, which is typically 30, 60, or 90 days.

The role of a notary public during the wedding ceremony

During the wedding ceremony, the notary public will guide the couple through their vows and exchange of rings, following the standard marriage ceremony oath. They will then pronounce the couple as married and finalise the necessary documentation, including signing the marriage license and returning it to the county clerk's office. It's worth noting that witnesses are usually not required during the ceremony, allowing for a more private and intimate experience.

Benefits of choosing a notary public

One advantage of choosing a notary public to officiate your wedding is the convenience of having someone who can handle both the ceremony and the legal documentation. This streamlines the process, reducing potential stress and allowing you to focus on your special day. Additionally, a notary public can provide mobile services, travelling to your desired location and ensuring that all legal paperwork is accurately completed.

Which states allow a notary to act as a wedding officiant?

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 must be met for the wedding ceremony to be legally accepted.

The following six states are the only ones that currently allow a notary to act as a wedding officiant:

• Florida
• Maine
• Nevada
• South Carolina
• Tennessee
• Montana

In these states, notaries can perform the traditional aspects of the 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.

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 summary, while a notary public can be a convenient option for couples seeking a simple, affordable, and secular wedding ceremony, it is important to first understand the specific laws and regulations of your state regarding marriage validity and notary qualifications.

What are the requirements for a wedding ceremony to be legally accepted?

A wedding ceremony is legally accepted when it meets certain requirements, which vary depending on the location. Here is a list of the common requirements for a legally accepted wedding ceremony:

The Officiant

The wedding officiant is responsible for ensuring the ceremony they perform is legal. In the US, a notary public can act as a wedding officiant in Florida, Maine, Nevada, South Carolina, Tennessee, and Montana. In other states, a notary public may be able to officiate a wedding if they take extra steps, such as becoming ordained or applying for a temporary one-day marriage designation. Religious figures such as priests, ministers, and rabbis can also officiate weddings, as can public figures like judges, court clerks, and justices of the peace.

The Declaration of Intent

The couple must verbally declare their intent to enter into the marriage contract and commit to one another. This is often done by exchanging vows or promises, such as "I do."

The Pronouncement

The officiant must make a pronouncement, declaring the couple officially and legally wed. This often takes the form of "I now pronounce you..."

The Marriage License

A valid, state-issued marriage license must be obtained, signed, and returned. The marriage license requires the signature of the couple, witnesses (depending on the state), and the officiant. The license must be returned to the issuing county office to be recorded officially. Marriage license requirements vary by state, with different rules for waiting periods and expiration dates.

What are the duties of a notary public?

A notary public is a licensed professional who performs a variety of duties, including verifying signatures and identities on documents. They are authorised to perform certain duties, including oaths, affirmations, and acknowledgements, and their specific responsibilities vary from state to state. Here is a detailed overview of the duties of a notary public:

Verifying Signatures and Identities

One of the primary duties of a notary public is to verify signatures on documents. They ensure that the signature on a document belongs to the person signing it and that the signature is original, typically done by comparing it to a form of identification, such as a driver's license. This process helps to prevent fraud and ensure the authenticity of the signature.

Acknowledgements

Notaries often administer acknowledgements, where the signer of a document verbally confirms their understanding and willingness to sign. The notary asks the signer if they understand the contents and purpose of the document and if they have signed it voluntarily. This process helps to ensure that the signer is not under any coercion or duress and is a crucial step in many legal and financial transactions.

Oaths and Affirmations

Notary publics are also authorised to administer oaths and affirmations. In the case of an oath, the signer swears a pledge and invokes a Supreme Being ("I swear this is the truth, so help me God"). For those who prefer not to invoke a Supreme Being, an affirmation ("I affirm this is the truth") can be made instead. These are typically required for documents such as written affidavits and applications, where the signer attests to the truth of the information provided.

Signature Witnessing

In some cases, a notary public may be asked to simply witness the signing of a document that does not require an acknowledgement or oath. They establish the identity of the signer, either through personal knowledge or by checking satisfactory evidence of identification, and then witness the signing. Some states also allow notaries to make or witness photocopies of original documents and certify their genuineness.

Understanding State Laws and Best Practices

A critical aspect of a notary public's duty is to know and abide by their state's unique notary laws. They are expected to understand the specific duties they are authorised to perform and operate within the legal boundaries of their state. Additionally, following best notarial practices ensures the integrity and legality of the notarisation process.

Maintaining Records

In many states, notaries are required to maintain a record book or journal of all notarial acts they perform. This record includes information such as the signer's details, the title and date of the document, the notarial act performed, and any unusual circumstances surrounding the notarisation. This record-keeping helps protect the notary, the public, and their employer and provides a valuable reference for verifying the authenticity of documents.

What are the steps to become a notary public?

The process of becoming a notary public varies depending on the state in which you reside. Here is a general step-by-step guide on how to become a notary public in the United States:

• Meet the basic requirements: To be eligible to become a notary public, you must be 18 years of age or older and a legal resident of the state in which you intend to provide notary services. Some states may have additional requirements, such as educational qualifications or prior experience in a related field.
• Complete the necessary education: In some states, such as California, you are required to complete a course of study approved by the Secretary of State. This helps you understand the duties and responsibilities of a notary public and ensures you are well-prepared for the role.
• Submit an application: You will need to obtain and complete an application form to become a notary public. The application process may vary by state, but it generally involves providing personal information, proof of residency, and other relevant documents. In Massachusetts, for example, the application requires you to obtain four signatures from known and respected members of your community.
• Pass the examination: Many states require notary public applicants to pass a written examination prescribed by the Secretary of State. This examination tests your knowledge of the duties, laws, and regulations pertaining to the role of a notary public.
• Clear a background check: As part of the application process, you will be required to submit your fingerprints and undergo a background check. This ensures that you meet the standards of integrity and trustworthiness required for the position.
• Purchase notary supplies: Once you have met all the requirements and your application has been approved, you will need to purchase the necessary notary public materials. This includes items such as an official notary stamp, seal, or other supplies required to perform your duties.
• File an oath and bond: In some states, you may be required to file a notary public oath and bond. This is a sworn statement affirming that you will uphold the duties and responsibilities of a notary public and adhere to the laws and regulations governing the profession.
• Register with the state: After receiving your commission and purchasing your supplies, you will need to register with your state. This step may vary depending on your state's specific requirements, but it typically involves submitting your information and credentials to the appropriate state agency.
• Maintain your commission: Becoming a notary public is not a lifetime appointment. In most states, notary commissions are valid for a specific period, after which they must be renewed. Stay informed about your state's requirements for maintaining your commission in good standing.

By following these steps and adhering to the specific requirements of your state, you can become a notary public and perform the duties associated with this important role. Remember to refer to your state's official website or governing body for the most accurate and up-to-date information.

Frequently asked questions