Notary Weddings: Can They Perform Nuptials Legally?

A notary public can perform a wedding ceremony and legally marry a couple in some US states. These include Florida, Maine, Nevada, South Carolina, Tennessee, and Montana. However, specific requirements must be met for the wedding to be legally accepted, and not all states recognize a marriage certificate from a notary. In states that do not permit notaries to officiate weddings, they can still provide notarization services related to the marriage, such as notarizing life documents, witnessing signatures, and facilitating name changes.

Florida Notary Publics can perform weddings

Florida is one of only three states that authorize their Notary Publics to "solemnize the rites of matrimony". The other two states are South Carolina and Maine. This means that a Florida Notary Public can perform a marriage ceremony, uniting a couple in a legal marriage. However, there are some important requirements that must be met for the wedding to be considered legal and binding.

Firstly, the marriage ceremony must take place within the geographical boundaries of Florida. Florida Notary Publics are not authorized to perform marriage ceremonies outside of the state, and a notary from another state cannot perform a marriage ceremony in Florida. The couple must also obtain a valid marriage license issued by a Florida official before the ceremony. This license is only valid for 60 days and must be returned to the county where it was issued after the ceremony.

On the wedding day, the Florida Notary Public should obtain the marriage license from the couple to verify its validity. They should check the effective and expiration dates, as well as the Clerk's signature and official seal. The ceremony itself can be of any form, as long as there is verbal consent from both parties to be joined in wedlock, the vows reflect the couple's intentions to make a legally binding commitment to each other, and the notary pronounces the couple married at the conclusion.

After the ceremony, the notary must complete the appropriate section of the marriage license, certifying that they have joined the couple in marriage. They must return the license to the Clerk's Office that issued it within 10 days. The Clerk will then record the license and send a certified copy to the newlyweds.

It is important to note that Florida law prohibits same-sex marriages, so a Florida Notary Public cannot perform a marriage ceremony for a same-sex couple. Additionally, a Florida Notary Public cannot marry a couple with a marriage license from another state, nor can they perform a marriage ceremony outside of Florida.

Maine Notary Publics can perform weddings

A Maine Notary Public can perform a wedding ceremony, giving couples more options when choosing an officiant for their big day. This is allowed in only a few states, and Maine is one of them.

A notary public is a licensed professional who verifies signatures and identities on documents. They can notarize documents for financial transactions, legal documents, vehicle documents, and more. All notaries go through a rigorous process of certification, and they must provide services according to the laws and regulations of the state they are operating in.

For a notary, marriage is not a ceremony that they usually perform, and most states don't allow notary publics to marry couples. However, there are a few exceptions, and Maine is one of them. In these states, notaries can perform the traditional aspects of the ceremony, including the marriage vows, and complete the related matrimonial documentation, such as signing the marriage license.

Maine's Marriage Officiant License

Effective July 1, 2023, a Maine Notary Public will no longer have the authority to solemnize a marriage in their capacity as a notary public. However, all Maine notary publics who are Maine residents are automatically eligible to receive a marriage officiant license free of charge unless they opt out. A marriage officiant license authorizes the holder to solemnize marriages in Maine.

Before saying your wedding vows in Maine, there are a few things you need to make your marriage legal. You must acquire a marriage license before the ceremony, and this license will be valid for 90 days. There should be two witnesses present when you take your vows, and the wedding officiant cannot be one of them. Once the ceremony is over, the two witnesses and your officiant will sign the marriage license in black ink.

South Carolina Notary Publics can perform weddings

A notary public can perform weddings in South Carolina. They can legally marry a couple and act as a wedding officiant. However, this is not the case in all states. Only a few states recognize a marriage certificate from a notary public, and there are specific requirements that must be met for the wedding ceremony to be legally accepted.

In South Carolina, a notary public can perform the traditional aspects of the wedding ceremony, including the marriage vows, and completing the related matrimonial documentation, such as signing the marriage license. The marriage license then needs to be delivered to the county clerk's office to obtain the marriage certificate.

To get married in South Carolina, couples need to first obtain a marriage license from their county clerk's office. This requires identification for both individuals, such as a passport, driver's license, or social security card, and payment of administrative costs. Once the couple has their marriage license, they can book a notary public to officiate their wedding. It is important to ensure that the notary public is on official commission from the state, as otherwise, the wedding will not be considered legal.

South Carolina is unique in how it handles the marriage license and marriage certificate process. In most states, the marriage license is signed by the couple and officiant, then returned to the court, which issues a separate marriage certificate. In South Carolina, the marriage license becomes the Certificate of Marriage once it is signed by the couple and the officiant. There are three copies of the license, all of which the couple signs, and one of them becomes the Original Certificate of Marriage, which the couple keeps. The officiant is responsible for returning the other two copies to the probate court within 15 days.

Tennessee Notary Publics can perform weddings

As of April 28, 2021, Tennessee Notary Publics can solemnize marriage vows and officiate wedding ceremonies. Governor Bill Lee signed Senate Bill 509, which gives Tennessee notaries public the authority to perform this service. This is a responsibility that comes with solemnity and satisfaction.

A notary public is a licensed professional who verifies signatures and identities on documents. They are responsible for ensuring that the courts view these documents as legitimate through their official notary stamp. Notary publics also notarize documents for financial transactions, legal purposes, and vehicle documentation, among other services.

When a notary public performs a wedding, they can officiate the ceremony, including the vows, and complete the necessary documentation, such as signing the marriage license. They can also deliver the license to the county clerk's office to obtain the marriage certificate. This means that a couple can have their wedding ceremony and the legal aspects taken care of by the same person.

Where Else Can Notary Publics Perform Weddings?

Before 2021, only four states authorized their notaries to perform weddings: Florida, Maine, Montana, and South Carolina. Now, Tennessee has been added to this list, allowing its notaries to provide this service. It's important to note that a licensed notary cannot marry couples from another state or perform weddings outside of their licensed state.

Couples should be aware of the specific requirements and laws of their state. While notary publics can perform weddings in Tennessee, there may be additional qualifications or authorizations needed. It is also essential to understand the validity of the marriage license, as there is usually a built-in waiting period and an expiration date.

Montana Notary Publics can perform weddings

Montana is one of only six states in the US where a notary public can legally marry a couple and act as a wedding officiant. The other states are Florida, Maine, Nevada, South Carolina, and Tennessee.

A notary public is a licensed professional who verifies signatures on documents and confirms the identities of the people who sign them. Notary publics also notarize documents for various purposes, including financial transactions, legal documents, and vehicle documents.

For a notary, performing a wedding ceremony is not standard practice. Most states don't allow notary publics to marry couples. However, in 2021, Montana added the ability to perform marriages to the list of notarial duties for state notaries.

If you want a notary public to marry you in one of the six states that allow it, there are a few things to keep in mind.

Ensure the Marriage Is Valid

Marriage is a legally and formally recognized union of two people as partners in a relationship. This definition is important as it sets the tone for a serious and solemn ceremony. Marriage cannot be done in jest or as a spontaneous gesture, and neither party can be coerced into marrying.

Get a Marriage License

Couples must obtain a marriage license from their county by applying through the local county clerk's office. This typically requires identification for both individuals and payment for administrative costs. Marriage licenses are only valid for a certain period, usually 60 days, so couples should obtain their license with their wedding date in mind.

Book Your Notary Public

It's important to ensure that your chosen notary public is officially commissioned by the state to perform weddings. Without this commission, the wedding becomes unofficial and is not legally recognized.

Understanding State Laws on Marriage Ceremonies

The laws and requirements for notary publics to officiate weddings vary by state. In some states, notaries may need to get ordained or apply for a temporary one-day marriage designation. It's important to research the specific laws and regulations of your state before making plans for your wedding.

Understanding the Requirements for Notary Publics to Officiate Wedding Ceremonies

There are a few key considerations to keep in mind when planning a wedding with a notary public officiant.

The Location of the Marriage Ceremony Is Important

Notary publics can only provide services and officiate weddings in the state in which they are licensed. They cannot marry couples from another state or travel out of state to perform a wedding.

When You Sign the Marriage License Matters

Once the county clerk issues the marriage license, a notary must complete the notarization process to make it official. This usually needs to be done within a certain time frame after the license is issued. Marriage licenses also have an expiration date, typically 30, 60, or 90 days, so it's important to plan the wedding accordingly.

You Might Need Wedding Ceremony Witnesses

In most states, witnesses are not required when a notary public performs a marriage ceremony. However, some states, such as Delaware, Arizona, and Kansas, mandate the presence of at least two witnesses who are at least 18 years old.

Costs for a Notary Public Performing a Wedding Ceremony

The cost of notary services for a wedding ceremony is typically left to the discretion of the notary public and can vary.

Notaries Will Solemnize the Rites of Marriage

Like religious or public figures, notary publics can solemnize the rites of a marriage ceremony. They will ask the couple to read their vows and exchange rings, and then pronounce them as married.

Traveling Notary Public Services

Planning a wedding can be stressful, and finding a licensed notary public who is available on your wedding day can be challenging. Many people opt for traveling or mobile notary services, which provide licensed notary publics who come to your location.

While notary publics can legally marry couples in Montana and a few other states, it's important to understand the specific laws, requirements, and considerations for your desired wedding location.

Frequently asked questions