How To Keep Your Wedding License Private

Marriage licenses are typically public records, allowing anyone to view them. However, some couples may prefer to keep their wedding details private. While most states in the US make marriage licenses public, California and Michigan offer exceptions. California provides a 'confidential marriage license', which does not require witness signatures and is not accessible to the public. Michigan allows couples to marry privately with a probate judge's special approval, sealing the records afterward. These options cater to those seeking greater privacy for their nuptials.

Confidential marriage licenses in California

In California, couples have the option to apply for either a standard marriage license or a confidential marriage license. A confidential marriage license is issued in the same way as a standard license, but it doesn't require witness signatures and it doesn't become a public record after being filed with the clerk's office. This allows couples to marry privately, or in secret, if they wish.

To obtain a confidential marriage license, couples must be 18 years of age or older and must be living together as spouses. Both parties must sign a sworn affidavit, attesting that they are living together when they apply for the license. Couples can marry in any county in California under a confidential marriage license, and no witnesses are required at the ceremony or to sign the license.

The license is registered in the county it was purchased, and only the married couple can obtain copies of the license from the recorder's office. This is in contrast to a public marriage license, which becomes part of the public record, allowing anyone to request copies, provided they pay the required fees.

Confidential marriages are common in California, comprising about 20% of the state's total marriages each year. The process is made more convenient by the fact that an ordained minister who is a licensed notary public can issue a confidential marriage license, even at the wedding site on the day of the ceremony.

Marriage licenses without publicity in Michigan

Marriage licenses are typically public records, accessible to anyone. However, couples in Michigan can apply for a "marriage license without publicity." This option allows couples to marry privately with the special approval of a probate judge.

To obtain a marriage license without publicity in Michigan, couples must provide the judge with a "good reason" for wanting to keep their marriage secret. If the request is approved, the judge will issue the marriage license without publicity and perform the marriage. After the ceremony, the marriage records are sealed and can only be accessed by the married couple.

These secret marriages are rare in Michigan, with only about a dozen or so performed each year. Couples who wish to marry in secret must still have their marriage solemnized by a qualified officiant, such as a court clerk, a local priest or rabbi, or a close friend or family member who has been ordained online.

To apply for a marriage license in Michigan, couples must visit the county clerk's office in the county where they reside or plan to wed. The application process can sometimes be started online, depending on the county. The cost of a marriage license in Michigan is $20 for state residents and $30 for non-residents.

In addition to the marriage license, couples will also need to purchase a marriage certificate separately after the wedding. The cost of a certified copy of a marriage certificate varies by county. For example, in Washtenaw County, the first copy costs $15, while additional copies are $5 each. In Wayne County, the first copy is $24, and each additional copy is $7.

So, if you're planning a secret wedding in Michigan, be sure to consult with a probate judge and follow the necessary steps to obtain a marriage license without publicity.

Public marriage licenses

In most cases, marriage licenses are public records. After a marriage is solemnized by an authorized officiant, the license is typically filed with the local clerk or registrar's office and becomes part of that county or city's public records. This means that anyone can access and view marriage records, just like other vital records such as birth and death records.

However, there are a few exceptions where marriage records are kept confidential and not made available to the public. These options are currently only available in two US states: California and Michigan.

California's Confidential Marriage License

In California, couples have the option to apply for either a standard public marriage license or a confidential marriage license. The confidential license does not require witness signatures and does not become public record after being filed with the clerk's office. To be eligible for a confidential marriage license in California, both parties must be at least 18 years old, and the couple must be able to demonstrate that they have been acting as a married couple, such as living together as spouses.

Michigan's 'Marriage License Without Publicity'

In Michigan, couples who wish to marry privately can request special approval from a probate judge. They must provide a 'good reason' for wanting to keep their marriage secret. If the request is approved, the judge may issue a marriage license 'without publicity' and perform the marriage ceremony. After the ceremony, the marriage records are sealed and can only be accessed by the married couple.

It's important to note that even in cases of confidential or secret marriages, the marriage must still be solemnized by a qualified officiant. This can be a court clerk, a local priest or rabbi, or a close friend or family member who has been ordained online.

Pros and cons of public and confidential marriage licenses

Marriage licenses are typically public records, accessible to anyone. However, some states like California and Michigan offer confidential marriage licenses that are not part of the public record. Here are the pros and cons of each type of marriage license:

Public Marriage Licenses

Pros:

• Public marriage licenses are widely recognized and accepted. They are considered valid evidence of a legally binding union across all states.
• They are easily accessible and do not require any special approval or procedures.
• Public marriage licenses allow for a traditional wedding ceremony with witnesses, which some couples may prefer.

Cons:

• Anyone can access the personal information on a public marriage license, including names, dates, locations, and previous marriages. This lack of privacy may be a concern for couples who value their privacy or have safety concerns.
• Public marriage licenses may be more expensive than confidential ones.

Confidential Marriage Licenses

Pros:

• Confidential marriage licenses offer privacy and keep personal information confidential. This can be especially beneficial for public figures or individuals with safety concerns.
• They provide flexibility in terms of timing and location, as couples can obtain their license faster and choose to marry without a public ceremony or witnesses.
• Confidential licenses simplify certain legal processes, such as changing last names after marriage.
• Couples with a confidential license can request certified copies of their marriage certificate directly from the county clerk's office.

Cons:

• Confidential marriage licenses are currently only available in California and Michigan, limiting their accessibility for couples in other states.
• The application process for a confidential license may be more complex and require additional steps, such as obtaining a court order or notarized application to access copies of the license.
• Confidential marriage licenses may not be necessary or worth the extra steps for couples who are not concerned about privacy.

How to obtain a marriage license

In most cases, marriage licenses are public records, but there are exceptions in California and Michigan. In California, couples can apply for a 'confidential marriage license', which does not require witness signatures and is not made public. In Michigan, couples can request a 'marriage license without publicity' from a probate judge, who will only grant it if they have a 'good reason' for keeping their marriage secret.

• Choose your marriage location. Marriage licenses are issued based on the location of your wedding ceremony, so you must decide on a place before applying for a license.
• Set your wedding date. There is a specific window of time around your wedding date during which you must apply for, receive, sign, and submit your marriage license. It's recommended to file as early as 90 days or at least one week before your wedding.
• Decide whether you will change your name. The marriage license application may ask if you plan to change your surname, so it's a good idea to discuss this with your partner beforehand.
• Apply for a marriage license. You and your future spouse will need to visit the office together, either in person or virtually, and may be required to bring a witness, depending on the location.
• Bring the required documentation. This includes proof of age, such as a birth certificate, photo ID, social security number, proof of citizenship and/or residence, and information about your parents, including their full names and birth dates. If you were previously married, you will also need to provide proof of divorce or widowhood.
• Pay the marriage license fee. The cost varies by office and can range from $35 to $150. Accepted payment methods may include cash, debit or credit card, check, or money order.
• Receive your marriage license. Depending on the location's office hours and procedures, you may receive your license in person at the time of application or by mail a few days later.
• Sign and submit your marriage license. Don't forget to bring your license to your wedding ceremony. After the ceremony, the couple, witnesses, and officiant will need to sign the license.
• Get a marriage certificate. This is issued after the marriage license has been certified by local officials. In some states, you will receive the marriage certificate automatically by mail, while in others, you will need to order and purchase copies.

Frequently asked questions